• Can a son challenge the decision taken during his minority

My father got some share in the property of my grandfather, who died intestate. My father  executed a release deed for this property in favour of my uncle when I was minor. Can I challenge the decision of my father. What will be position if my uncle further transferred the said property in favour of my aunt.
Asked 9 months ago in Property Law from Thane, Maharashtra
Religion: Hindu
1) I presume it was self acquired property of your grandfather 

2) on his demise your father inherited it and it would not be ancestral property 

3) if your father executed release deed in favour of uncle you cannot on attaining majority challenge the said decision and claim any share in the property 
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
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1) property which has remained undivided for four generations would be ancestral property 

2) in your case property was bought by your grandfather . 

3) if property was bought out of funds given by great grand father it can be argued that it was bought for benefit of joint family 

4) any suit by you had to be filed by you within period of 3 years of attaining majority 
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
My father got some share in the property of my grandfather, who died intestate. My father  executed a release deed for this property in favour of my uncle when I was minor. Can I challenge the decision of my father. What will be position if my uncle further transferred the said property in favour of my aunt.

The share of property acquired by your father from his father's property shall be considered as his own property. Under the said circumstances he has full rights to dispose the same in any manner including the present mode to anyone of his choice and nobody including his own sons or daughters or wife have no rights to question his action nor have any right to claim any share in it nor they can dispute the transfer made the father.
This is nether your ancestral property nor you are a coparcener, hence whether you are a major nor a minor by age, you may not be able dispute this transfer by your father to his sibling.
T Kalaiselvan
Advocate, Vellore
16567 Answers
153 Consultations
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What is the position if the said property was purchased by my grand father form the funds given by his father i.e. my great grand father.

The question if not about the funds for purchasing the property.  It is about the meaning ancestral property. To be more clear about the ancestral property please be aware of the meaning of ancestral property, i.;e.,a property to qualify as ancestral property it must be originally purchased by the fourth male lineage i.e great grand father, coupled with the fact that the property remained undivided till the fourth generation upwards. If the property is divided through a partition deed, family arrangement, etc it loses its ancestral character.  Hope you are convinced about the status of the property as well as your position  in the eyes of law.
T Kalaiselvan
Advocate, Vellore
16567 Answers
153 Consultations
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A. Generally, Father can alieanate the property by representing minor interest as natural guardian for the benefit of minor children or legal necessity. However, the minor can claim the same over the joint family property within 3 years from the date of majority or from the date of knowledge. But, in case, the said property was inherited by your father from the grand father other than ancestral property that you cannot claim over the property.

B. However, in case, the property nature was ancestral or joint family property, you can claim the same by taking defense under the Section 5 of law of limitation by invoking condonation of delay and just i cam to know about the transaction like that. But it is very difficult establish before the court.
B.T. Ravi
Advocate, Bangalore
743 Answers
34 Consultations
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Hi, if you father acting as a Kartha of the family release his right towards his uncle and he has acted as a guardian of the minor sons then you can't do anything.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
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The share that your father got through succession to his father constituted his separate property which is at oar with self acquired property. As a corollary thereto, he was at liberty to bequeath it to anyone he desired. 
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
You may challenge the transaction before the court that being the ancestral property he had no right to execute any deed for your shares.

Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
3731 Answers
140 Consultations
4.9 on 5.0

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