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Shaik (business)     07 February 2022

land purchased in the name of minor.

Dear Sir
Grand father 30 years ego purchased and registered agriculture land in my friend's name when he was 3 years old. Now friend's first wife filed 498a and dvc. as he is Muslim, married another woman.
1. whether that land comes under "ancestral or self acquired property"
2.can my friend register that land to second wife alone with out giving to first wife or her son?
3. can first wife or her son after becoming major claim property?
4. how to ensure property goes to second wife alone?


Learning

 3 Replies

Aryan Raj   07 February 2022

Dear Queriest,

1. The land will be considered as self acquired property as it was purchased in hus name with guardianship. 

2. He can register the land to his second wife without any problem as it is his self acquired property. 

3. The first wife and her son can claim property but only through inheritance under Muslim Succession Act, and in Muslim Succession laws it is mentioned that inheritance comes only after death of the person who is actually the owner. Therefore the first wife and sin cannot specifically claim from that particular land.

4. Transfer of Property through gift deed to the second wife will ensure that the land ownership goes only to her and not anyone else.

Regards,.

Aryan Raj 

 

Ghazala Rahman (advocate)     08 February 2022

From whose income/ money was land purchased. ? The minor was only apparent beneficiary.

Shaik (business)     08 February 2022

The property registered (land purchased not gift) in the name of a minor mentioning guardian name by grand father and his identity not revealed in the document. only three names appearing 1) present owner 2) his mother as guardian 3) seller.

Income/source not mentioned in the document. whether the property is called as self acquired and will have full rights for transfering to any other person or it is called as  inhereted property?

 

 


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