Inheritance
Ritika singh
(Querist) 14 February 2013
This query is : Resolved
a property is obtained from a housing society on leasehold basis by issue of share certificate by Mr X. He expires interstate and the leasehold rights devolve to his 2 minor sons, A and B, and wife. a surrender deed of leasehold rights is executed between son A( now major) and wife as guardian of minor son B without permission of the court as required under sewction 8 of hINDU minority and Guardianship act,1956 and the society.
1) can this property be called joint hindu family proeperty hence not requiring taking permission under court(section 8 and 12 exception)
2) can leasehold rights on a property be read as self acquiring of property to trace its devolution on legal heirs ?? can they be treated at par with inheritance as owner for the same ???
Raj Kumar Makkad
(Expert) 07 April 2013
No is the only answer to all questions raised here.
