Huf karta property buying Huf karta property buying

3 months ago

In sale agreement and property registration huf karta stamp & deal required/ or it is better to put please advise

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
It is settled law that a Karta of a HUF can validly & legally enter into an agreement for the sale or execute a sale deed in respect of any immovable property. Owing to his fiduciary role in the family, Karta is expected to make decisions for the general well-being of the family and its businesses. In his bona fide role, a Karta takes decisions on behalf of an entire family and enjoys powers that allow him to enter into contracts. The Supreme Court has said the 'Karta' of a Hindu Undivided Family (HUF) can alienate, sell or mortgage its property, even though a minor may have an undivided interest in it, and the head doesn't need to obtain consent of all members. Payment of required stamp duty and registration charges for registration of the Deed of Sale to be signed and represented by Karta of HUF before the registering authority is required for the transfer of ownership of the HUF property to others. Stamping of Karta of HUF in the deed or document is not necessary and insignificant.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 months ago

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A.Dear Sir,
Please get in touch with office of Sub-Registrar directly and manage the things and pay the stamp duty at minimum.
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Anik

Responded 3 months ago

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A.Dear Client,
In a sale agreement and property registration involving a Hindu Undivided Family (HUF), it is recommended to include the HUF karta's stamp and signature. This ensures proper representation of the HUF's interest in the transaction. It is a standard practice to have the karta (head) of the HUF execute the necessary documents, demonstrating his authority on behalf of the HUF. Including the karta's stamp and signature provides clarity and validity to the transaction, aligning with the legal requirements for HUF property dealings. It's advisable to consult with a legal professional to ensure compliance with specific local regulations and to address any nuances related to HUF transactions in your jurisdiction.
Thankyou
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