Legal Question in Real Estate Law in India

transfer of property
In the absence of any agreement between the members of a Undivided Hindu Family (HUF),Can the Karta of that Undivided Hindu Family, lease out the family property on behalf of the whole family and remit the rentals in a bank account.
Pls tell me under which section/provision of the TP ACT or any other act it is possible or if not then why such restriction is imposed.

Asked on 10/03/08, 5:59 am

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Re: transfer of property

Karta of HUF has power and authority to transfer HUF property under certain circumstances like legal necessity.

You need to specify the period of lease to ascertain whether it is a transfer or not.

Answered on 10/04/08, 2:15 am

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: transfer of property

Yes the Karta on behalf of the whole family can rent/lease a property.

Answered on 10/03/08, 6:47 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: transfer of property

a karta of an HUF can do any act if in the given circumstances, a reasonable person would do the same for the welfare of his family. a bonafide act on behalf of karta cannot be challenged by coparceners. in case leasing out the property was an act done in order to harm the HUF, the same can be challenged in the court of law by seeking injunction.

Answered on 10/03/08, 7:41 am

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