Ancestral property right
kalpanagupta
(Querist) 01 May 2014
This query is : Resolved
A MINOR (ONLY 3 YR)
HIS FATHER HAS ANCESTRAL PROPERTY(THE PROPERTY HAS NAMED ON GRAND MOTHER )
NOW THE GRAND FATHER GET HIS SHARE WITH HIS FAMILY.
THE FATHER OF THE MINOR ARE ONE BROTHER AND TWO SISTER.
NOW THE GRAND FATHER WANT TO DISTRIBUTE THE PROPERTY AMONG THREE OF HIS CHILD
BUT THE FATHER OF THE MINOR IS READY TO GIVE HIS SHARE TO HIS SISTERS
BUT THE MOTHER OF THE MINOR IS NOT READY TO GIVE SHARE OF HIS FATHER TO HIS SISTER
MY QUERY IS:
CAN THE MOTHER OF THE MINOR FILED THE COURT CASE FROM THE MINOR SIDE? .
IS THE FATHER OF THE MINOR HAS RIGHT TO GIVE HIS PROPERTY SHARE TO HIS SISTERS?
IS THERE IS ANY RIGHT OF DAUGHTER IN LAW ON THE ANCESTRAL PROPERTY?
P. Venu
(Expert) 01 May 2014
Father is the natural guardian of the son. Hence the mother has no locus standi in filing the case. Moreover, the property is still vested with the grandfather; it is yet to be devolved on his father.
Law apart, the wife is overreacting to a brotherly gesture of the husband.