You should mention that you are selling the property as karta of HUF . That on father demise you became karta of HUF
2) get sale deed drafted by lawyer
Selling HUF property after death of Karta
Hi, I am male and I am in the process of selling an HUF (Hindu Undivided Family) property located in Karnataka (Bangalore), which I inherited from my father after his demise. My mother had predeceased my father. Following my father's death, the Khata was transferred jointly to my sister and me and the names as in Aadhaar were reflected in the Khata document. Subsequently, my sister executed a release deed relinquishing her rights in the property, and the entire ownership was transferred to me. My Aadhaar details are now reflected in the property records (property was registered as per my name in Aadhaar in the release deed ie., we went with the names as mentioned in the Khata document), and I had also mentioned my HUF PAN number in the release deed. As I proceed with the sale of this property, I seek clarification on whether I should list myself as the seller using my name as per Aadhaar, and additionally indicate that I am acting as the Karta of the HUF, quoting the corresponding HUF PAN. I would also like to highlight that my father was the original Karta of the HUF, and following his demise, I assumed the role of Karta and obtained a new HUF PAN i.e., my fathers HUF PAN and my HUF PAN are both different. Any help on this would be greatly appreciated. Thank you! and let me know if you need any additional details.
Asked 6 months ago in Property Law
Religion: Hindu
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15 Answers
And to further simplify the things, I am providing an example. Can you please confirm if the seller details can be included as below? Seller Details: My name as in Aadhaar (the full expanded form), Karta of the name as in HUF PAN HUF PAN Number eg: Virendranath Sangolli Balaji (as in aadhar and the property document) Karta of V S Balaji HUF HUF PAN NUmber
Asked 6 months ago
Sale deed can mention details as mentioned wherein above
- After the death of a Karta of a HUF, the senior-most male member becomes the new Karta.
- Further , the HUF property, can be sold after the Karta's death, but it requires the consent of all legal heirs or coparceners. The proceeds from the sale are then distributed among the members.
- Hence, being the male member of the HUF now you become the Karta
- Further, as your sister has already released her share in your name, then you can sell the property
- The details given by you are correct.
A HUF should have atleast 2 members. Since, as narrated by you, you are the only one person, as your sister has also relinquished her share in the HUF property, hence your individual PAN number can only be provided and not the HUF Pan number.
Upon the death of the Karta, the HUF doesn't automatically dissolve; it continues to exist with the surviving members.
However you can mention in the sale deed that on the basis of oral family settlement, your sister, who is the only other member of the HUF agreed for settlement and accordinlgy executed a registered lease deed in your favor relinquishing her rights in the property thereby you became the absolute owner of the entire property (Provided you do not have children).
This recital will help solve the legal issues in case the buyer is demanding the veracity of the HUIF or any other details since this property comes under HUF.
Most important point to bear in your mind is that your children will be entitled to a share out of this HUF Property,
You may note that your children are entitled to a share in the HUF property after the death of the karta (your father). Under Hindu law, both sons and daughters are considered coparceners in an HUF and have equal rights to the ancestral property.
This right is not affected by the Karta's death; the property continues to be partitioned among the coparceners, including your children.
You may go by the name as found in the HUF PAN card as well as found the in the relinquishment deed.
Thank you all the advocates for their valuable suggestions. And the HUF includes my wife as well as my minor daughter. So, while selling the property, should I include their details as well?
Asked 6 months ago
If your minor daughter has a share in the property, then you may have to obtain court's permission to sell her share in the property otherwise the sale of property may be held invalid.
You may please note that selling a minor's share in ancestral property without court permission is generally not allowed.
A guardian or parent must obtain court approval before selling a minor's interest in ancestral property.
This requirement is in place to protect the minor's interests. A sale of a minor's property may be permitted if there is a legal necessity, such as urgent financial needs like medical expenses or to pay off debts.
However, even in such cases, court permission is generally required.
Obtaining consent from adult coparceners is advisable, and any sale can be challenged by a coparcener who believes It is not for legal necessity or benefit
yes you should do it as per adhar card details
Thanks again and the property is being sold with the consent of all the coparceners.
Asked 6 months ago
ok then you have nothing to fear
The property cannot be sold with the oral or written consent of all the coparceners,instead all the coparceners have to execute the registered sale deed in favor of the prospective buyer except for the one who has relinquished the rights in the property by executing a registered release deed especially in the event of dissolution of the HUF. It is advised that you better avoid future complications in this regard by complying wit the procedures of law now itself instead of repenting over the mistake at a later stage.
A Karta can sell the HUF property without the consent of its members.
Yes, list the seller as:
"Virendranath Sangolli Balaji, Karta of V S Balaji HUF, PAN: [HUF PAN]"
Include in the sale deed that:
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You’re the Karta,
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All coparceners (wife, minor daughter) have consented,
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Sale is for HUF benefit.
Use HUF PAN for the sale. If your daughter is minor, mention that the sale is in her best interest.
- Since, the consent of all the coparceners for selling the property , then being the Karta of HUF you can sell the property legally.
It’s good then there is no issues