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Author Topic: Can Karta is HUF sell immovable property when a property dispute case pending ?  (Read 445 times)

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Offline abhie1

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My grandfather died in 1986 leaving ancestral property. He has 4 sons and 4 daughters. All alive. My grandmother died in 1996. My father eldest of all the siblings filed a case in City court and got a judgement in his favour in 2012. Then his sisters filed a case in high court to get equal share in the property. The case is pending for first hearing since then.
Now in October 2015, the supreme court gave the judgement that the amendment in 2005 of the succession act is prospective and not retrospective. So if my father is Karta of the HUF and as  per prevailing law as on the death of my grand father i.e 1986, can he have the right to sell the property and take his own share? Can his sisters' object to this sell, when they are not the coparceners as per the revailing law as on 1986? What would be the effect of the high court case pending?

Online adv.amarnath

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If there is an injunction order then your father cannot sell out the suit property. Further on absence of any injunction order if your father sell out the entire suit property and Ho'ble High Court pass an order against your father on that event your father will have to pay equal share of amount to his siblings.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline abhie1

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There is an injunction order in 2012. How long this injunction is valid?

Online adv.amarnath

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It is not possible for me to answer your query without seeing the certified copy of order sheet. Further in respect of injunction order in force. You have to go for consultation in details
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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