• HUF matter and my grandfather's property is not self acquired

My father has three elder brother and two elder sister. They had portioned in my gradfather's non self acquired property.(But i can not prove in the court that becoz its very old property approx before 1900 years matter.) So later on in 1983 after my granfather death my father had partition. Then in approx year is 2001 my father formed HUF through which he sold the some of the property he got after partition in that deal i signed documents but i dont remember as witness or consenter and still he is carrying the HUF pan card as Karta.
From that HUF account we purchased a plot and build residential flat scheme and while selling the last flat my father took NOC from me, sister and my mother in 2013
SO here i have a question if he cant sell a property from HUF without our NOC then how come without my NOC he can dispose his rest of the property which is not at all self acquired property of my father.
Therefore please guide me 
1)can i take a stay on rest of the property so that third party should get involve in this family matter?
2) Can he "bedakhal" (kick out) from his property as its HUF ?
3) Can he sell rest of the property without my consent ?
4) Is there any difference between partition of HUF and normal partition ?
Asked 1 year ago in Property Law from Nagpur, Maharashtra
Religion: Hindu
1) once partition has taken place property ceases to be ancestral 

2) in respect of properties sold by your father in 2001 you had given your consent 

3) in respect of sale of property purchased in Huf account your father has obtained consent of all the members 

4) in respect of any further sale of property if your father seeks your consent you can refuse to do so 

5)no need to move court in this regard 

6) it s necessary to peruse deed of partition entered into in respect of ancestral property of your grand father 

7) obtain certified copy of partition deed from sub registrar office and consult a local lawyer 

8) for partition of ancestral property consent of all legal heirs would be required 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1) Coparceners are those members which have become members of the HUF by birth. So all the coparceners are members but all the members are not coparceners.

2)  Under the Hindu law, any coparceners can make a claim for partition.

3)Property which is once converted to HUF property or any other income which is generated from HUF property will become HUF property and
cannot be converted to individual property of Karta or members without partition.This is very important because HUF property is a joint family property and all the coparceners have rights in it. Even married daughters also have rights in HUF property.

4) as co parcener you can demand partition 

5) your father as Karta is only manager of HUF and has rights related to management of HUF assets but this doesn’t mean that he owns HUF assets. He is just manager of HUF property.
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1)can i take a stay on rest of the property so that third party should get involve in this family matter?
If you apprehend a third party to interfere in the possession  and peaceful enjoyment of the property, since you are entitled to a share in the property, you can approach court with an injunction suit or even a partition suit also. 

2) Can he "bedakhal" (kick out) from his property as its HUF ?
No he has no  right 


3) Can he sell rest of the property without my consent ?
He has  to  take your consent as well as other coparceners consent too. 


4) Is there any difference between partition of HUF and normal partition ?
Yes there is a difference  between them. 




MY father formed HUF I guess to save taxes in year 2001. And my birth year is 1981. so am i a Coparcener or a member of the HUF ?
Yes, you are a coparcener.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. Unless you can prove in the court that the property is ancestral it will be presumed to be self acquired in the hands of your father. As a corollary thereto, he is at liberty to sell, gift, mortgage or lease the property to the extent of his share therein.

2. A stay order can be granted only if you are able to prove that the property is ancestral. A title search carried out in the office of sub-registrar will throw light on the antecedent title of the property.

3. HUF property can be partitioned through a partition deed or a court decree for partition. There is nothing such as 'normal partition'. 

4. If the HUF was formed by your father with your father as karta then you are not a coparcener. Your father ordinarily requires the consent of all the coparcenors to sell the property which has been pooled into HUF.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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