• Can HUF sell a property to a coparcener

my family own a 500sq yd plot which is jointly held by my mother, father and huf of my father. 
Now we want to sell the huf share of the plot to my mother. Is this possible and how??
Asked 1 year ago in Family Law from Ludhiana, Punjab
Religion: Hindu
1) A Karta or Manager of a HUF has all the powers to manage the family and its assets, being head of the family. The joint family property vests in the family and its coparceners/members. 

2) managing member of a joint Hindu family has power to alienate for value, joint family property either for family necessity or for the benefit of the estate so as to bind the interests of all the undivided members of the family.
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. The HUF is headed by yiur father. So you an transfer the HUF in favour of another.

2. However to avoid any implication get NOC of all the HUF members ti get it transferred in your mother's name.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
Generally senior male member of HUF acts as Karta (Head) of the joint family. Karta can sell the property owned in the name of HUF only in case of legal necessity for family needs and for benefit of the estate. However, it may be possible that, in future, such sale can be challenged.
Before coming into being of Hindu Succession Act, 1956 (1956 Act), HUF properties were owned by male members of the family. Females had no right as that of males in HUF properties.  After the amendment brought in 1956 Act, in 2005brought major changes to Female’s rights in ancestral/HUF properties under Mitakshara School. Females (daughter, wife and mother) have been given right equal to son of the deceased male to his self-acquired properties; and share of such deceased male in the undivided HUF properties were also opened to be shared with daughter, wife/widow and mother.  Idea behind this law was to give more social protection to females.
However, a married woman does not have right in properties of her husband’s family. She can only have right in such properties as widow i.e. after death of her husband. After divorce with her husband, this right also dilutes. 

There divergent opinion of courts on on this issue wherein in is held by courts that can represent the HUF for the purpose of assessment and recovery of income tax. She can only sell her share when she satisfy court that child is minor and for his necessities the sale is necessary.
 It is suggested that to avoid such implication  you  can ask your father to execute a gift deed in your favour or give you an NOC and then you  can sell the property.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Hi, kartha of the HUF has power to sold the joint family properties to any body including family member of the HUF.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) in case of sale of 1/3rd share in property by karta in favour of mother i t has to be by registered sale deed . 

2) sale has to be at market value of property . 

3) NOC from all HUF member/coparcener for sale of property
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
Hi, property is a joint family property so if you want to give your share to your mother it is better you can execute either gift deed or release deed so the stamp duty and registration charges payable to state is minimum.

2. If you transfer the property by way of sale deed you have to pay the  stamp duty as per market value of the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The Karta of the HUF has the right to sell the property in the interest of the HUF &/or its members,

2. So, he can sell  the property to your mother with the consent of all the members of the HUF,

3. Alternatively the HUF can be dissolved and a settlement deed can be executed and registered in favour of your mother  by all the coparceners.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. For selling the 1/3rd share of HUF, a deed has to be executed and registered by the Karta of the HUF in favour of your mother,

2. She shall have to pay stamp duty as per market value of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. A joint or undivided Hindu family consists of male members, their wives, unmarried daughters and widows, if any, of the deceased male members of the family. In the event of legal necessity/benefit of estate the karta can alienate joint family property. However such an alienation can be challenged by the continuing coparcenors as not being for legal necessity or benefit of estate.

2. So your father can sell his share with the consent of all the members of HUF.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. The sale has to be way of a sale deed in favour of your mother.

2. NOC should be obtained from the other members of HUF prior to sale.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
the daughters cease to be members of father HUF on their marriage 

sale has to be at market value of 1/3rd share . it  has to be duly stamped and  registered. 

A Hindu father or other managing member has power to make a gift within reasonable limits of ancestral immovable for “pious purpose”.
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. The married daughters, much less their husband and children, are not a part of HUF. Marriage disqualifies them from being a part of HUF.

2. There cannot be sale without consideration. The deed is to be stamped at the prevalent rate.

3. If you are not willing to sell then look towards executing a gift deed.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. The married daughters and their children and husband are not treated as part of the HUF after their marriage,

2. There shall have to be consideration received for selling the 1/3rd share of HUF property otherwise it will not be traeted as sale,

3. The Karta of the HUF, being your father herein, can execute and register a Gift Deed in favour of your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1)daughter upon her marriage will automatically become a member of her husband’s family while she will continue to be co-parcener in her father’s family.

2)As after 1-9-2005 daughter continues to be a coparcener of her father’s family, having all the rights and privileges as of a coparcener, she can demand partition of her father’s HUF property.  However, as far as her  husband’s HUF is concerned, she is a mere member of the family and not a coparcener and as such cannot demand partition of her husband’s HUF prop

3)as amended by Act of 2005 provides that a co-parcener  of a joint  Hindu family  dies  following consequences with follow:-

(1) Daughter (married or otherwise) is made a coparcener  same as a son to claim  partition.

(2) Will have same rights as a son with all incidents of coparcenary.

(3) Property devolves as per s. 8 Hindu Succession Act where sons, daughters, wife, mother are equal shares Class I. Hence not only daughter is made coparcener to have her own share in HUF, further on death of father intestate, she is one  of heirs in father’s separate portion. Deceased share will devolve on heirs  as per  8 while deemed partition takes place of all coparcenery properties  to herein, entitled including daughter  further in  fathers  HUF share fictionally  advice  & child  as well as daughter’s child  are entitled to interest  their parents share if deceased. 
Ajay Sethi
Advocate, Mumbai
23217 Answers
1219 Consultations
5.0 on 5.0
1. The constitution of HUF clearly state about the family and its constituents,

2. It is clearly mentioned therein as to who is the Karta and who are the other members of the family,

3. Daughters, after marriage becomes members of her husband's family.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
There is no specific law on this point. A HUF comprises of only those members who are a part of the family in continuum. Daughters cease to be a part of it after their marriage, albeit they can enforce a claim in respect of their share in the ancestral property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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