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Father brought property in minor son's name can sisters claim
17-May-2023 (In Property Law)
We are 4 elder sisters and 1 youngest brother in the family. Youngest son was 1 year minor during which his father purchased property in minor son name. Now his father mother are expired and the minor son is 30 yrs now. Now 4 sisters filed a suit that we have share in youngest son property saying that their father has purchased property in youngest son name when he was minor. Is it worth case filed by 4 sisters and is there any possibility of getting any share as per law.kindly advise.
Hi
If the father has used the proceeds of ancestral property to buy a property in youngest son name, then sisters have a valid claim on the property in the name of youngest son.
we need to see whether there was any ancestral property belonging to grand father, great father etc .
if the father had self acquired income and with those proceeds brought a property in youngest son name, then the same cannot be challenged by the sisters now.
If the father has used the proceeds of ancestral property to buy a property in youngest son name, then sisters have a valid claim on the property in the name of youngest son.
we need to see whether there was any ancestral property belonging to grand father, great father etc .
if the father had self acquired income and with those proceeds brought a property in youngest son name, then the same cannot be challenged by the sisters now.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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What is the Supreme Court judgment on the sale of minor property?
Can a guardian sell a minors property? According to the Supreme Courts judgment in Saroj V. Sunder Singh, a guardian can sell a minors property.
What are the rights of son on parents property?
In India, the rights of sons on their fathers property are widely discussed. Sons are treated as Class I heirs of their fathers estate. He has legal rights over the ancestral property of his father. If his father dies intestate, he also gets an equal share of the property that he acquired himself.
Is a son becomes owner of property if property is purchased in his name by his father?
No. You should not transfer the property to your fathers name if you own it. You can transfer the property to his name, but after his death you will be able to claim a share of it with your siblings.
Can father sell property of his minor son?
This is dealt with in section 8(2) of The Hindu Minority and Guardianship Act 1956. The law states that the immovable property of minors cannot be charged, mortgaged or transferred in any way, including by gift, exchange or sale.
We have a provision in the Indian constitution which allows a share in the parental properties which are vested in the parents/legal heir's name
It will be much more convenient for me to advise, if you could be more detailed of your family background. This will enable be find the exact provisions in either of the laws (Hindu/Muslim/Christian etc)
With the info given I certainly understand that your parents have not left any 'Will' addressing the property disbursement and hence it is very important that we discuss the entire matter in detail so as to ensure I could be of the best help possible
Please feel free to contact me
It will be much more convenient for me to advise, if you could be more detailed of your family background. This will enable be find the exact provisions in either of the laws (Hindu/Muslim/Christian etc)
With the info given I certainly understand that your parents have not left any 'Will' addressing the property disbursement and hence it is very important that we discuss the entire matter in detail so as to ensure I could be of the best help possible
Please feel free to contact me
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Adv. Rajkumar Yeddu
Hyderabad | 25+ Answers
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the property minor cannot be purchased. and at that time the minor will not have that much of capacity to purchase. the property purchased by your father is self acquired property and you will have right. but if he made any will r terms and condition in the documents in his favour then you wont get.
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Adv. S.Malla Reddy
Hyderabad | 100+ Answers
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The Act stipulates that you may only purchase property on behalf of a minor if you are their guardian or signatory authority. Section 11 of the Act states that a person can only purchase property in their own name after they turn 18 years old.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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