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by Admin
07 May 2024 2:49 AM
In a significant ruling that reinforces the legal status of Hindu Undivided Family (HUF) properties, the Delhi High Court, presided by Hon’ble Ms. Justice Neena Bansal Krishna, delivered a landmark judgment on November 1st, 2023. The Court held that a Karta, or the head of an HUF, lacks the authority to unilaterally sell HUF property. This ruling came in the context of a complex legal battle involving the sale of property initially acquired from compensation for ancestral property left in Pakistan.
The judgment is poised to have far-reaching implications on how HUF properties are dealt with in legal transactions. Justice Krishna, in her observation, stated, “Karta lacked authority to sell HUF property individually,” underscoring the legal limitations faced by the Karta in dealing with HUF assets. The Court further clarified the distinction between a Karta’s management rights over HUF property and the lack of authority to unilaterally execute sales agreements.
The case, involving Capt. Rajesh Sethi, his father Col. P.C. Sethi, and others, revolved around a disputed Agreement to Sell concerning a property in Defence Colony, New Delhi. The property, acquired post-partition, was contended to be an HUF property. While Capt. Sethi sought a declaration that the Agreement to Sell was void, the buyer, Sh. Ravinder Nangia, sought specific performance of the agreement.
In a pivotal part of the judgment, the Court dismissed the plea for specific performance by Sh. Ravinder Nangia, stating that he failed to demonstrate his readiness and willingness to perform his part of the Agreement to Sell. The Court observed, “Merely stating the readiness in the plaint itself is not sufficient to meet the rigors of Section 16 of the Specific Relief Act, 1963.”
However, in a partial relief to Nangia, the Court directed the refund of the advance amount of Rs. 39,00,000/- paid by him, along with interest, while dismissing his claim for damages.
This judgment reaffirms the legal sanctity of HUF properties and the limitations on the Karta’s powers in their alienation. Legal experts view this as a landmark decision that will guide future transactions and disputes involving HUF properties. The detailed analysis of HUF property laws and the Karta’s authority therein serves as a precedent in similar legal matters.
Date of Decision: 1st November, 2023
CPT. RAJESH SETHI S.C. VS P.C. SETHI
