• Minor share

I have purchase a land from a person (HINDU) who got this land from her GRANDMOTHER (NANI) as her mother was single daughter of her mother. After death of Grandmother property transfer to her mother now her mother is also died and property transferred to my seller. He is also single son of his parent. Now parent is also died.Seller has two minor son.
 In my sell deed it is mentioned that he has two minor son for their education and treatment and sake of her family i selling the part of property as i have no alternative to run this family.
 so I wish to know that Whether is there matter of MINOR SHARE in this property OR their children can challenge this title deed in court.

 PROPERTY TRANSACTION 

 GRANMOTHER (DEAD)
 | 
 SELLER MOTHER (DEAD)
 
 | 
 SELLER (ALIVE)

 \ 
 TWO MINOR CHILDREN
Asked 4 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

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14 Answers

property which has remained undivided for 4 generations is ancestral property 

 

2) seller is at liberty to sell the property 

 

3) his minor children have no share in property during his lifetime 

Ajay Sethi
Advocate, Mumbai
94917 Answers
7571 Consultations

5.0 on 5.0

Coparcenary right comes from parental lineage. But property have acquired ancestral status, seller children have share in the property.

Seller father alive or not ? if yes than he also have share in property. 

On becoming major, children can challenge the sale deed within 3 years. So court permission is necessary to  secure purchase. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. For selling minors' share, the seller has to take permission from the court, stating that the proceeds received from the sale of the property, will be fully utilised for the minors' welfare, like education, hostel fees, etc. 

2. If, without obtaining specific court order in this regard, the minors' right is compromised, then the minors' after attaining majority can challenge the sale deed and the court may set aside the sale deed which was executed by their father.

Shashidhar S. Sastry
Advocate, Bangalore
5149 Answers
314 Consultations

5.0 on 5.0

1. Minor children can claim their share subject to following:

a) That Property or Funds was Ancestral (4 generations old)

b) That Property was purchased in name of minor or minor received such property thru inheritance of deceased parents.

2. In the case instant, since property is not ancestral and that purchaser purchased in his name with his own funds, THEN Minor shall NOT have any legal claim /right over such property.


APPREHENSIVELY you have not been able to understand the legal position of my answer. Hence you have given "User rating: Poor (2/5)"

Let me know what is wrong in my answer.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Seller can sell the property after obtaining permission of concerned civil court to sell the same for "Benefit of Minor Children"

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi

Seller is the sole owner of the land and can sell it if the registered on his name alone.

If the registered documents of the property have a point that the owner of the land are these minors and seller is only caretaker then the minors can claim it and if the seller is owner and not the caretaker then you can buy it 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- As per the Hindu Succession Act, if a Hindu woman passes away - All her acquired properties (Movable or immovable) shall be inherited by her legal heirs .

- Hence after the demise of sellers mother  ,her property will be equally distributed between her son and grandchildren.

- Further , her the seller cannot sell the share of the minor without  getting permission from the Court. 

- Hence, in future the said transaction can be challenged by the son of the seller.

Mohammed Shahzad
Advocate, Delhi
13347 Answers
199 Consultations

5.0 on 5.0

It can be challenged if the permission of court is not taken for minor sons

Prashant Nayak
Advocate, Mumbai
32064 Answers
183 Consultations

4.1 on 5.0

No the minor can't challenge as it's ancestral property so minor parents are alive and they are selling the property. 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

What about the father of the vendor?

Is he alive, if not then the vendor has got title over the entire property as an absolute owner.

His children do not have any rights in his property.

You may confirm the correctness and genuineness of other aspects before buying the property by obtaining a legal opinion from a local lawyer.

 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

Said property is not ancestral seller can sell property.

Minor has no share, permission not required from court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As per the facts cited by you above the minor children has no share in the above given property and the seller is absolute owner he can freely sale or transfer the property therefore the children cannot challenge same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. No minor son's doesn't have share in the property till father is alive because title of property is transfered to name of father after death of his mother. 

2. The property is considered as self acquired property of owner.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Unless the property is ancestral in the hands of children of your seller they have no share in it. Consequently, he is free to sell the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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