Buying an ancestral property who has minor son

There is every possibility that the minor son may object for the sale of property to your father when he becomes major.  The best method is, the father of the minor has to keep aside the share of the minor child (equivalent amount of the share of minor as per present existing market rate) in any nationalised scheduled bank.  As the father is the natural guardian of the minor son, he can sell the property as advised above i.e. keeping aside his share of amount. 

once when a ancestral property gets partitioned it becomes the self aquired property of the person who is getting them.in that case its a self aquired property of your fathers brother and so he has all the right to register it on anybodys name without getting consent from his child.even if considered otherwise the father as a natural guardian of the child can decide to sell the property on his behalf

I disagree with Saravanan.  On partition, the ancestral property will not become self acquired property.  Only the extent of the share of your fahter’s brother will become self acquired and not the portion of the son of father’s brother.  As a guardian he can sell the property of minor son.  But later when he becomes major he will dispute the title (ask for his share)  and the purchaser may fell in trouble.  A minor property cannot be alienated without the permission of the court is a settled law. 

The question of minor's property does not arise in this case and moreover nature of property changed from ancestral to self earned/acquired due to the registered partition deed effected between two brothers.

Thanking you, 

Thank you all for your valuable suggestions!!!

My father's brother told us that there will not be any problem from his side being the natural guardian of his son. So we are planning to get that in writing as part of the registration process. Does it sound to be a better idea or do we need to go to court and do any other formalities?

MR Ravindar - You mentioned that "A minor property cannot be alienated without the permission of the court is a settled law." Can you pls elaborate the court proceedings that we need to take in this scenario?

Thanks

Chitra

@Chitra:  I agree with the views and opinion of learned advocate Mr. Ravinder that though the ancestral property have been duly partitioned now among the brothers, the coparceners, i.e., the minor children  of the share holders are entitled to a share out of the share of the present share holders.  therefore the minor interest prevails in the share of the respective share holders.  The property with minor interest cannot b e sold by the father on his own or can dispose at his sweet will and wish despite enjoying the status of natural guardian minor interest without the permission of court of law.  For that the father of the minor has to petition the jurisdictional District court seeking permission to sell the said property with proper and authenticated reasons for the same.  Consult a good lawyer and take his opinion before proceeding on such sensitive and controversial issues. 

Originally posted by : T. Kalaiselvan, Advocate
	@Chitra:  I agree with the views and opinion of learned advocate Mr. Ravinder that though the ancestral property have been duly partitioned now among the brothers, the coparceners, i.e., the minor children  of the share holders are entitled to a share out of the share of the present share holders.  therefore the minor interest prevails in the share of the respective share holders.  The property with minor interest cannot b e sold by the father on his own or can dispose at his sweet will and wish despite enjoying the status of natural guardian minor interest without the permission of court of law.  For that the father of the minor has to petition the jurisdictional District court seeking permission to sell the said property with proper and authenticated reasons for the same.  Consult a good lawyer and take his opinion before proceeding on such sensitive and controversial issues.

 Thank you for your reply. We are checking with the lawyer local and also the writer who is going to get everything in paper.

I agree with the expert opinion of Mr. Ravinder P. The status of partitioned property do not change from ancestral to self-acquired as opined by learned experts hereinabove, Both  the  brothers do settle in their possession  on being partitioned.

The minor coparcener is entitled for his share from his "father's" share, which can  be disposed  with the permission of District Judge despite the fact that father is the natural guardian of the minor.

If father is the natural guardian of his minor son , he is merely holding the position of a  custodian of child's property. A custodian of a child's property cannot sell the share in an immovable property belonging to a child without obtaining authority and power to do so from the competent court of law.  Transfer of Property Act,,1882 does not cast such authority to a custodian.