Ancestral property
dinesh mansingh
(Querist) 14 March 2013
This query is : Resolved
Dear Sir,
"A" has inherited some ancestral property which he sold subsequently through a GPA executed in favour of a builder. The GPA is excuted only by him and his son. There are two minor daughters whose signatures were not obtained in the GPA. Now does the present owner have any right to mortgage the same property for a loan?
Advocate M.Bhadra
(Expert) 14 March 2013
Since you have asked about Ancestral Property Rights I presume that you are a Hindu. (a) Father cannot sell ancestral property when there are minor sons and daughters (daughters have been given the right recently) except for legal necessity and permission of court is necessary for alienation of minor's property (b) when there are no sons and daughters a person can alienate the ancestral property (c) children born after the alienation cannot claim any right.
No,present owner have no right to mortgage this property.
Raj Kumar Makkad
(Expert) 15 March 2013
An illegal sale has been made by the previous owner and you even didn't care it.
You have not told how much years have passed when such sale was made with the age of those minor daughters. Such sale made in your favour is totally illegal which can become legal either by cancellation of the present sale-deed and after obtaining due permission from the court, again execution in your favour or by way of lapse of time when those minor become major and a period of 3 years is elapsed thereafter.
Father was not competent to sale the entire land as the right of the minor daughters was also included therein.
