• Getting property from father for minor

1.Can minor reclaim saled agriculture land by alcoholic father?
2.how can minor get hereditary land from father who alcoholic?
Sir, please tell me detailed procedure.the land situated at revenue village belongs to jangaon district
Asked 3 years ago in Property Law
Religion: Hindu

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14 Answers

Dear Sir/Madam,

When the father is alcohalic, the case can be filed against the father by the mother or some other guardian of the child for restraining the father from alienating the properties. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1) only on demise of father would you inherit his property 

 

2) if it is ancestral property you can file suit for partition to claim your share in property 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

If it ancestral property then minors can send a legal notice to buyer along with his mother name as well.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

He can only get if he has share in the same. Being alcoholic doesn't give a right to take his property. You need to establish that the said property. He can reclaim the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Minor should file a suit of declaration suit for declaring the ownership of the land via a guradian

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. If the said land is purchased by the father , then none can claim the same without his consent.

2. Yes, the minor through his mother or guardian can claim his share in the hereditary land from his father. 

- The minor through any guardian should sent a legal notice to his father to give him his share .

- If refused , then he can file a Suit for Partition before the court for getting his share. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1. Yes but within 3 years form the date f knowledge of this sale on attaining his majority.

2. By filing a suit for partition, declaration to set aside the sale deed and for injunction.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Yes, once he attains majority or through a guardian he can claim the property in question.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

With in 3 years on becoming major.

Minor can file partition suit if property is inherited intestate from great grand father.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Yes,Definitely. 

As per Hindu Succession Act, every legal heirs even child in wombs are also protected under Hindu Succession Act

Minor through mother or guardian may reclaim the property back as per Hindu Succession Act.

Please file partition suit before the Court of law to secure the share of minor in the property of Ancestral land.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

If said property is self acquired by  father then minor cannot claim. 

if it is ancestral then minor can claim. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The question is a complicated one and it is difficult to give the exact answer especially due to the very brief explanation of facts and very little detail provided by you. Still I will try my best to explain comprehensively in light of the details.

If you mean that you have a share in the land as a coparcener but you are not a recorded bhumidar/tenure holder in the revenue records, then you will have to go the revenue court like court of S.D.M depending upon upon your local revenue law and there you will have to seek declaration of title. However of you are recorded tenure holder then you may straight away approach civil court for cancellation of the deed of sale. This is for sold land.

For the land which he has not sold already you may approach the civil court and seek injunction against him from selling any further land.

This is assuming you have a share in the land and the land is agricultural land.

 

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

If the property was on the name of the by a registered document,  then the father becomes the absolute owner of the property hence he can sell the property at his own will and wish. 

The child whether minor or major cannot claim any rights in the property at least not during the lifetime of father. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. Yes through his mother he can file suit for cancellation of sales deed on ground that no permission were taken from court before selling property of minor. 

2. Mother of minor can file Suit for his as his legal representative and natural guardian for partition of ancestral Property.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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