minor s right over grandfather s inherited property-reg
masilamani.r
(Querist) 21 July 2009
This query is : Resolved
I am from Tamilnadu.Ours is a HUF. My father died in 1979,leaving behind my mother and 6 children.(4 femoles and 2 males).My mother died in 2003.All my sisters are married as of now.
My father inherited some landed property from my great-grandfather.My great grandfather inhrited those propertis from his parents.So all the properties are of our ancestors.
In 1995 we all ie my mother,myself,my brother and sisters jointly sold a part of those properties.The other portion of the properties are still available and not divided among us.
I have a son and his present age is 24.Atthe time of sala of a part of the said property,my son was a minor.Now he says that as a minor at that time in the HUF, he has rights over the sold-out property,as it was inherited by his grand father,(ie my father),from his great- grandfather.And want to file minor suit, claiming his rights.
Please give opinion,if his above contention is correct?
Khaleel Ahmed Mohammed
(Expert) 21 July 2009
At the time of his minority, you was the natural guardian of him. At the time of sale of the property you should have obtain a permission from the competent court about sale.In my view,a a minor of HUF have rights over ancestral property.
Yes he can claim and challenge the sale transaction in the competent court.
sanjeev murthy desai
(Expert) 21 July 2009
Dear Masilamani,
If you signed as a Kartha of your family or if you represented as a natural gaurdian of that minor son, and that property sold for the purpose of benifit of the family necessity, subsequently cannot claim his ancestral right in the ancestral property.
sanjeev desai
Y V Vishweshwar Rao
(Expert) 21 July 2009
The HUF Kartha can Sell the property for reasonable needs ,representing all the HUF memebrs including Minor members
(Sec 12 of H M & G Act no guardian can be appointed for the interest of the minor in HUF Proerty when adult member of HUF is managing the HUF proerty)
PALNITKAR V.V.
(Expert) 22 July 2009
No doubt that the son has right in the ancestral property. He can also challenge the sale. However, as the learned experts have said, if the property is sold for the benefit of the family by the Karta, then the sale would be protected.
