If it was self acquired property of mother she could sell the property
2) you don’t have my share in property and your consent was not necessary
Mother sold the propety without giving share to minor daughter
My mother sold her propert to her brother 1994 by giving a word amount would give at the time of my marriage. but at that time they told they want to sell the property to aquire money and they sold the property without our knowledge, now i can claim any share in this property this property belongs kollam district in kerala
Asked 5 years ago in Property Law
Religion: Hindu
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9 Answers
The minor can file for cancellation of sale if for sale deed if the permission from.court was not obtained for sale of the property.
The minor on getting major can file suit for cancellation before civil.court at proper jurisdiction where property is situated.
So you can file for cancellation of sale done by your mother without consent of court .
Hi,
The basic provision under "Hindu succession Act, 1956" regarding "disposal/sale of any movable/immovable property of Hindu female is as follows:
Section 14 in The Hindu Succession Act, 1956
14. Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
Thus, a Hindu female has absolute right to dispose off any property possessed by her except exceptions contained under section 14 (2) of The Hindu Succession Act,1956.
The said sale transaction is void as she can't sell the share of minor without permission of court.
Hi,
As per the law and procedure in vouge, the parents can sell the property during minor age of the children and the registration of land/property can be challenged within Six months of the registration. Since there is so much gap of time, the court may not entertain your demands.
Dear Sir/Madam,
Sale of minors' property cannot be done without obtaining court's permission, the Supreme Court today held.
Quashing sale of properties of minor daughters by a widow 25 years ago, the apex court said that under Hindu Minority and Guardianship Act, sale of such property cannot be done without prior permission of the court.
"As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court," a bench of S J Mukhopadhyaya and V Gopala Gowda said.
"Under sub-section (3) of Section 8, disposal of such an immovable property by a natural guardian, in contravention of subsection (1) or subsection (2) of Section 8, is voidable at the instance of the minor or any person claiming under him," it said.
The court turned down the plea of the mother who justified selling of the property for taking care of her minor daughters and for their livelihood.
"In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage, there is nothing on record to suggest that previous permission of the court was obtained by the natural guardian before transfer by sale in question," the bench said.
The court passed the order on a petition filed by the daughters, who are now major, challenging the sale deeds of the property which was sold in 1988 by their mother.
If the property was self acquired of Mother, no claim of children.
If the property is self acquired or inherited then she can sell without giving share.
If daughter is co owner then The minors property cannot be sold without the permission of court.
Once your mother had sold her property by a registered deed, she has no rights over it nor any claim can be made at this stage until and unless there is any written agreement to this effect.
Your claim at this stage may not be legally maintainable or enforceable.
