• How to get property (HUF) transferred in name of son

My father has acquired a property and that property is registered in (huf) name, i.e his name, now we are facing problems in getting construction loan as he is aged at 80 plus years.Now we are looking at options to transfer that property in his son's name so that we can get loan and start our work. What is the best possible way to get the property transferred in son's name. I want to ask the legal experts as to how will be the property get transferred, through gift deed,dissolution of Huf, transfer of shares, we are a family of three brother, sister. Two elder brother and one sister. I am the young one and father is staying with me and sister is also on my part. But elder brother is away and will not co-operate with us. One more thing that my elder brother is not aware of this property having Huf Title. so we want to settle this issue once for all.
Asked 1 year ago in Property Law from Jaipur, Rajasthan
Religion: Hindu
1) deed of family settlement can be made for distribution of property among members of HUf 

2) in the alternative deed of family arrangement can be made 

3) "Alienation" means "Transfer of Property from one person to another by way of a Sale, Gift, Lease or Mortgage.
 
oThe Karta can alienate the joint family property with or without the consent of the other coparceners. No consent is required in the following cases:
?For the Purpose of Legal Necessity
?For the benefit of the Estate and
?For the performance of Indispensable Religious Duties
 
oHowever such an alienation can be challenged by the continuing coparceners as not being for legal necessity or benefit of estate within 12 years of knowledge of transfer 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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A Hindu Undivided Family (HUF) means a body consisting of persons linearly descendant from a common ancestor. This includes their wives and unmarried daughters, who are staying together jointly.The daughters cease to be a member of their father's HUF on their marriage.

Dissolution of HUF occurs when partition of HUF’s property is done.Partition of HUF can be done at any time i.e. either on Survival of Karta or on death of Karta. Partial Partition of HUF is not allowed as per Income Tax Act 1961.
Under Hindu Law once the status of Hindu Family is put to an end, there is notional division of properties among the members and the joint ownership of property comes to an end. However, for an effective partition, it is not necessary to divide the properties in metes and bounds. 
Partition under Hindu Law, can be total or partial. In total partition all the members cease to be members of the HUF and all the properties cease to be properties belonging to the said HUF. Partition could be partial also. It may be partial vis-a-vis members, where some of the members go out on partition and other members continue to be the members of the family. Under the Hindu law, any coparcener can make a claim for partition. It is not necessary that other coparceners should agree to the partition sought by one of the coparceners. 
Transfer of assets to HUF is a one-way street. You can put assets in the HUF, but these can be taken out only by dissolving the HUF. So, if some asset, such as an ancestral house, has been put into the hotchpot, you will have little control over it. The karta too can distribute the income earned by the HUF but not the assets without dissolving the unit.
It is crucial for the HUF to be unified. Even if one co-parcener decides to sever his ties with the joint family, the entire structure can collapse. "Even if one co-parcener demands the partition of the HUF property, the other coparceners will have to agree even though they may not want a partition,

Property belonging to a joint family is ordinarily managed by the father or other senior member for the time being of the family: The Manager of a joint family is called Karta.
It is a presumption of Hindu law, that ordinarily the senior most male member is the Karta of the joint family.
The senior most male member is Karta by virtue of the fact that he is senior most male member. He does not owe his position to agreement or consent of other coparceners. So long as he is alive, may be aged, infirm, or ailing, he will continue to be Karta. 
So long as the father is alive, he is the karta. After his death it passes to the senior most male member.

The above facts are the complications to your proposal.  Therefore a HUF property cannot be transferred to anyone's name at the fancies and whims or based on ever changing necessities. 
You all can sit in a family meeting, discuss the issues and amicably sort out the issues which law cannot provide.  
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
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1. If your father has acquired the property then it is not possible that it is still registered as HUF property. The HUF status ceased to exist when the property transferred to your father.

2. If your father is the absolute owner of the property he is at liberty to transfer it to his son through a gift deed, partition deed or family settlement. He does not require the consent of your elder brother to transfer the property. 

3. If the property is still a HUF property then a partition deed is the most efficacious instrument to divide it. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1)we dont provide formats of gift deed .

2) you can contact any local lawyer in this regard 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0

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