Right of female as per the Aliyasantana system
I am planning to purchase a plot from Mr. A who bought it from Ms. B. For Ms. B it is inherited property as per the Aliyasantana law. Partition was done in 1970 through a court judgement. At that time Ms. B was a minor and received the share in her mother's property. Later, she got married and had children but property was not divided. In 2013, she sold the land to Mr. A without the children being part of the sale deed as on 2013. I took legal opinion on this matter and I was told not to go ahead as it could be challenged by the children of Ms. B later on. However, Mr. A's lawyer quoted the section 14 of the hindu succession act as it states that the women's right is absolute and she can dispose whatever way she wants. So, it does not matter whether children are part of the sale deed. My question is what is the legal position on this matter. Whether section 14 of HSA applies to the Aliyasantana also or not?
Asked in Property Law from Mangalore, Karnataka
1) With regard to joint family system, including management of family property, self acquisition, gifts and its implication, alienation and partition, including the constructiion of documents as partitions or maintenance arrangements, the Aliyasantana Act and customary law still remains applicable
2) Aliyasantana’ system which was followed in South Kanara of India (district to the north of Malabar and to the west of Mysore and Coorg; in the north lies North Canara and on the west Arabian sea- geographical area of South Kanara
3) you have been rightly advised not to take the risk of purchase of property as Mrs B children have not given consent for sale of property
The inherited property is at par with the self acquired property of the inheritor, which he can alienate according to his wish. Ms.B did not require the consent of her children to sell the property which had devolved on her through succession. Section 14 does not apply here at all.
The position of law is very clear.
This property once in the hand of a woman, it becomes her absolute and own property
She need not take the consent of her children or anyone to dispose the property to anyone.
Her children need not be parties to the sale deed and as they have no right or interest in the property, their consent is not required for this sale deed.
A's lawyer has rightly explained the position of law.
Dont get confused over legal jargons namely aliyasantana or anything.
The law in this regard is very clear.
The law of land relies on HSA only now.