Kartha selling property - minor status of daughter
Mallesh Reddy
(Querist) 11 November 2013
This query is : Resolved
Kartha of a family which has some ancestral property had 2 children - a Minor daughter(17 years)and a major son (20 years). To meet the expenses of marriage of the daughter - Jewellery, cloth, dowry and marriage expenses - with no money in hand, kartha sold some ancestral property, which is co-signed by the major son. The sale proceeds was exclusively used to meet the expenses of her marriage. The land has changed several hands from then on.
After 22 years of this sale transaction,now the daughter gives notice to the existing land holder stating her interests as coparcener in the stated property and stating that as Kartha of joint family her father's act of selling the land is illegal and she is demanding partition of the property.
My query is:
a. When Kartha has acted in the interest and for the benefit of the minor daughter of the family to meet legitimate expenses, does this not amount to giving the daughter her portion of the property sold in question.
b. Whether Kartha has no powers to act on behalf of minors in the joint family when such act is done for the benefit of the minor.
Rajat Bindal 09917149977
(Expert) 11 November 2013
If the nand is ancestral, the sale is perfect and karta have powers to sale it for the mmrriage of daughter.
Thyagarajan
(Expert) 11 November 2013
Morally the daughter should not claim.
Since at the time of sale she was minor all depends on who was shown in the sale deed as her guardian.
Mallesh Reddy
(Querist) 11 November 2013
a. Morality is not questioned in court.
b. Can the father now file an affidavit in the court stating the money was generated by sale of ancestral property to meet marriage expenses of daughter (minor at the time of sale) and get the daughter's claim nullified.
c. I need practical, legal and workable opinion.
