How is the share of the minor is treated in ancestral proper
M.Chandra shekar
(Querist) 04 October 2009
This query is : Resolved
A is a minor, aged about 10 years in 2000 and his father had inherited 10 acres of agricultural land from his father.(ancestral property) A`s father `B` sold the 10 acres in 2001, and signed the documents(sale deed) and signed on behalf of his minor son,as guardian, stating that the money required for the maintenance and education of his son and family.
Now `A` is a major, completed 18 years and wants to claim his share in the family property, which his father sold in 2001.
Can he claim now?
A states that his father `B` must have obtained the courts order to sell his share of property, based on this, can he institute proceedings in the court?
adv. rajeev ( rajoo )
(Expert) 04 October 2009
It is highly impossible, because minor share cannot be sold without the permission of Court.
Before selling the property father has to obtain court permission to sell the minor share in the ancestarl property by filing Guardian and Wardship Act Case.
He has to show that the sale is to protect the interest of the minor, otherwise permission will not be given by the court.
Now A can claim his share, but he has to prove that the sale was not to protect his interest.
Jurisdiction lies with Dist., and Session Judge Court.
Bhushan V. Kale
(Expert) 04 October 2009
I agree with Mr. Rajeev. A minor can claim his share after complition of 18 yrs.
Sachin Bhatia
(Expert) 04 October 2009
Before selling the property father has to obtain court permission to sell the minor share. Yes he can clame his share. File a civil suit....
charudureja
(Expert) 04 October 2009
obtianing of permission of court for selling the minor's property (which is for his benefit n welfare) is must.and if it was not taken thn minor can after obtaining majority can claim his right.
Raj Kumar Makkad
(Expert) 06 October 2009
I fully disagree with all experts. The property at the time of sale was vesting in the father of A and he sold at that time for the welfare of his minor children being his capacity as owner of his ancestral proeprty and minor had got no ownership right therein at that time so sell is absolute and no litigation can be started by A after attaining his majority. there are numerous citations are available on tis point.
