HUF Property selling rights

We have a HUF Property (building) total including 3 members, I am eldest brother, my father and my brother, my father is expired, can I transfer this property in my name. pls. explain law.
Replies (1)

Hi Tapas,

Regarding HUF (Hindu Undivided Family) property and selling/transferring rights, here’s a detailed explanation for your case:


1. Ownership in HUF Property

  • In an HUF, the property is joint family property owned by all coparceners (in your case, you, your brother, and your deceased father’s share is inherited by his legal heirs).

  • Since your father is deceased, his interest in the HUF property devolves to his heirs (typically your mother or other heirs if applicable), but the property remains HUF property until partition or dissolution.

2. Can You Transfer the Property in Your Name?

  • You cannot unilaterally transfer the HUF property solely in your name without the consent of all other coparceners.

  • The property belongs to the HUF as a legal entity, not to any individual coparcener alone.

3. What Are the Legal Options?

  • Partition of HUF Property:

    • The HUF can be partitioned by mutual agreement or by a court decree.

    • After partition, the property can be divided among coparceners as their individual shares.

    • Post-partition, your share can be transferred in your name.

  • Sale with Consent:

    • All coparceners must consent to sale/transfer if it’s HUF property.

    • If all agree, the property can be transferred to your name or sold.

4. Key Legal Provisions

  • Mitakshara Law: Coparceners have equal rights by birth to HUF property.

  • Section 6 of Hindu Succession Act, 1956: Deceased coparcener’s share passes to his heirs.

  • Transfer of property requires consent of all coparceners or partition.


Summary Table

Situation Explanation Action Required
Father deceased His share inherited by heirs Include heirs in decision-making
Property is HUF property Owned jointly by coparceners Cannot transfer individually
Transfer in your name Needs consent of all coparceners Partition or mutual consent required

Recommendation

  • Discuss with your brother and other legal heirs of your father about partition or transfer.

  • Consult a property lawyer to draft partition deed or agreement.

  • Only after partition or consent of all coparceners, you can transfer property in your name.


If you want, I can help you draft a legal notice or partition agreement template.

Let me know!

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
19 September 2026
CA/Semi-CA/BCom

Pravin Sarvaiya

Mumbai

CA Inter

View Details
Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details