• Percentage of share in property

Noida group housing society flat of male hindu registered in favour of husband and wife - wife dies leaving behind 7 yr female child. 
Legal Position? 
1) After mutation of child's name - % share holding of Father and that of the child? 
2) Which section of Hindu Succession Act applies in such a case. 
3) Can this flat be sold off?
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

1. Father shall have 75 percent share and the child shall have 25 percent of share in flat.

2. Section 15 Hindu succession act.

3. For the child share the permission from district court need to be obtained then it can be sold.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) Father has 75% share in the flat and daughter 25% but her guardian will be her father as she is minor. Once she becomes major than she will have rights of 25%.


After court permission for child share flat can be sold.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

On demise of wife husband and daughter have equal share in said flat 

 

2) you woukd need court consent to sell minor share in property 

Ajay Sethi
Advocate, Mumbai
99876 Answers
8150 Consultations

1)Father and daughter have equal share. 

2)Sale of minors' property cannot be done without obtaining court's permission. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

1. The husband will get 50% of 1/2 share of his wife i.e 75% while the child would hold 25% share.

2. Refer to section 8 of the Hindu Succession Act.

3. Yes but for selling 1/4th share of your child you need permission of the court. Else the sale would be voidable at the option of your child on her attaining majority. 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. Calculate it this way:
Fathers share = 50
Mother share = 50

2. Legal Heirs of Mother = Husband + Child
(IF mother has not executed her WILL)
Father share = 50 + 25
Child share = 25 (father will remain legal guardian till child's major age)

3. Child's share CANNOT be sold, without court order.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

75% , 25% 

Sec 15

Daughter 25% canNot be sold without court

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Sir,

U/s 15 of following Act she acquired 50% of share. it can be sold jointly not individually.

Section 15 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Child being a minor will need guardian for the same. Yes it can be sold in interest of minor by guardian

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

1. husband 75%, child 25%

2. section 15 HSA

3. yes, if permission to sell the 25% share of the child is obtained by her father from court by filing a guardianship petition 

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Since the property is jointly owned by husband and wife, the wife's share, upon her intestate death shall devolve equally on her legal heirs consisting her husband and the minor child.

The husband will become owner of 75% share in the property while the minor child shall be entitled top 25% share in the property.

The husband can be guardian to the minor child however he cannot sell the share of the minor child in the proeprty without permission of court.

 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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