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Legality of Father Selling Mother’s Property With Minor Kids’ Share
20-May-2025 (In Property Law)
My father sold a property that belonged to my deceased mother. At the time of sale, both my sister and I were minors and legal heirs along with him. The property was self-acquired by our mother, and she passed away without a will. Is this sale legally valid, especially concerning our (the children’s) share?
(Hindu)
As per Hindu law, when a person dies intestate (without a will), their property devolves upon their legal heirs as per the Hindu Succession Act, 1956. In your case, since your mother passed away without a will, her self-acquired property would devolve upon her legal heirs, which include her husband (your father) and her children (you and your sister).
As minors, you and your sister would have had an equal share in the property along with your father. However, your father's rights as a natural guardian under Hindu law are limited when it comes to alienating (selling or transferring) the property of his minor children without their consent or without the permission of the court.
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Adv. Narasimhachar M K
Mysore | 100+ Answers
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if the property can we proved as being self acquired property of your late mother then your father could have sold the property only if it was required for raising you and / or educating you, and even that required proper documentation.
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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