Karta can sell HUF property for legal necessity without taking consent of other co parceners 

SC in Kehar Singh (D) Thr. L.Rs. & Ors. v. Nachittar Kaur & Ors.held that karta can sell ancestral property for legal necessity without consent of other coparceners 

Hi, you can file a suit for partition and you will get your share in the property.

Dear client, 

The Karta can not sell the property without the consent of all coparceners. You have a right to claim your share 

Thank you

1. Karta of HUF can sell the property without obtaining consent from the members if the proceeds are judiciously used for the welfare of HUF members.

2. You can challenge if you feel that there was not a financial constraint for the Karta to have sold the HUF property.

Legally, a karta is only a manager of a HUF. He can manage and maintain the HUF property on behalf of all its members for the common good of all. He is not the absolute owner of the HUF's property. He acts as a trustee and custodian. In the circumstances, you may very well challenge the sale at the jurisdictional court in consultation with your local counsel. 

Karta has right to sell but requires consent of coparceners too. You can challenge

HUF property is ancestral property in which  all legal heirs including you have equal right. Ancestral property cannot be transferred by any legal heir without consent of all legal heirs. It has to be distributed equally among all legal heirs. You can claim and have your share in the  property. You need to file a suit for partition  in the District Court engaging a senior Advocate. Issue lawyer’s notice  to all legal heirs seeking partition  and separate possession of property. After that file a suit in district Court for partition and separate possession. Add all purchasers of property as parties to the suit filing sale deeds executed with consent and seek cancellation of the same. Court will cancel all such sale deeds. You will get your share. In the suit also seek stay of transfer of property by any legal heir to any other legal heir to third parties.

Yes ofcourse you can challenge unless the sale was done by the karta for a legal necessity for which he does not have to take consents from the coparcenors of the HUF 

If it is a HUF property and you are a coparcener, you can very well claim your rights in the property by first issuing a legal notice seeking your share in the sale proceeds.

If there is no proper response you may file a suit for partition before the civil court and ask for your share in the property/sale proceeds 

- As per rule, A Karta or Capacener of a HUF has all the powers to manage the family and its assets.

- Further, the joint family property vests in the family and its coparceners/members.

- Further, the Karta is not independent, individual owner of the property, and each coparcener/member has share, right, title and interest in the property.

- Hence, the Karta cannot sell HUF property without getting the consent of all the members. 

- You can file a declaration suit for declaring that sell transaction as null and void .