You must take signature of the kartha as vendor and signatures of other members of the family as consenting witnesses on the sale deed.2) There must be a recital in the sale deed to the effect ect that it was so sold by the kartha of the HUF to meet legal necessities of HUF.
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Safeguards during Purchase of Flat from an HUF
I plan to purchase a flat in Mumbai, which is in the name of HUF. As per the HUF document Father created the HUF with Wife (now deceased), unmarried Son (now deceased), Married son (has wife, unmarried son and unmarried Daughter) who is the Karta and 2 married daughters (currently settled abroad). What are the documents to be taken such that there are no legal complications in future from any of the HUF member/co-partners? Appreciate your earliest response. regards Hari
Asked 4 years ago in Property Law
Religion: Hindu
7 Answers
Since it is a HUF property, the consent of all the shareholders are to be obtained before the karta is trying to sell the property.
Especially the legal heirs residing at abroad may have to give their consent about this to avoid future legal complications in this regard.
Hello,
- When you get the sale agreement registered either you have to get all the coparceners to sign or the karta be the signing party and the coparceners have to provide their NOC.
- The sale of the Flat needs to be published in the newspaper locally at least 30 days prior to the sale inviting any objection from any heirs or any interested parties. This needs to be part of the Sale Agreement.
- Obtain an additional affidavit of undertaking and indemnity whereby all the heirs/ co-parceners indemnify you of any liability on account of future litigation arising out of the liability already created.
You can take a NOC from all of them for not having any claim in the property
It would be prudent if all the coparcenors/members of the HUF sign in the sale deed to be executed with you
The father, married son, the latter's wife and their children including the daughters living abroad, all must sign on the sale deed. Also the children of the married daughters can sign for safety.
Also issue public notice in 2 local newspapers calling for objections against the intended sale
HUF consists of a common Male ancestor and his lineal descendants upto 3 degrees below him. So that means the original karta, his children, grandchildren and great grandchildren all are coparcneors of the HUF. So its advisable to take signatures from everybody so that no one cries foul later.
Dear Client,
If it's a HUF then Karta can the HUF property for the needs of the HUF but to be on the safe side take a NOC from all the shareholders stating that they don't have any objection. And definitely you will require all the other formalities in a sale.
Thank you
Though legally the karta can execute the sale deed on behalf of the HUF, it is better to obtain the written consent of all the coparceners for sale of the property.
