Daughters share
somesh
(Querist) 27 August 2013
This query is : Resolved
Respected Sir/Madam,
J s father has sold ancestral property to others when J was 12 years old.In sale deed even J s name have been mentioned and her father as minor guardian. Now J s age is 20 and is it possible to get her share in property sold by her father.
Dr. Jyothi Vishwanath
(Expert) 28 August 2013
First trace the property details. Where it is and in whose hands.
Whether the buyer was a bonafide one?
If the buyer was a bonafide purchaser, then Js case is much weaker.
somesh
(Querist) 28 August 2013
property is developed into sites and some sites are sold and still some sites are there. bonafide purchaser means ?
M V Gupta
(Expert) 28 August 2013
Karta of HUF can sell the HUF properties for the benefit of the family and use the proceeds for the same. Hence J cannot claim for her share if the amount has been spent by the Karta for the benefit of the family. If the amount is kept in any FD or invested in any other asset, J can definitely claim her share in it. But J cannot claim any thing from the purchaser of the property, unless she challenges the validity of the sale effected by the Karta as illegal and not binding on him/her.
Dr. Jyothi Vishwanath
(Expert) 29 August 2013
Agreeing to the expert, you have to see the following:
1. If the sale made by karta was for family benefit. If yes, nothing can J claim now.
2. If buyer was not aware of J's rights at the time of transfer inspite of reasonable inquiry made by him, now J cannot challenge even the transfer.
malipeddi jaggarao
(Expert) 30 August 2013
I endorse the advice of expert of Mr.Gupta. When the sale was made the minor daughter's name also mentioned and representing by father and natural guardian. Hence definitely the sale proceeds must have been utilised for the benefit of the family. Why do you challenge it now? You want to fight unnecessary litigation with your father? Has he not taken care of you? Has he not utilized the sale proceeds for the benefit of the family? You wish to trouble both your father and the purchaser. Unless you have a strong reason that your father misutilized the sale proceeds, you have no case. Now your age is 20. You must have got married. You wish to claim your share in the property. This is not proper thinking.
