Minor child right on ancestral property

588 votes

The query is based on misunderstanding. How is it that the property is ancestral? A property is ancestral if it remains in the common stock, i.e. if it has not been partitioned for more than four generations. That does not appear to the case especially when it is stated that property is in Bombay and it is redeveloped.

Advocate P Venu LawRato

501 votes

The minors property cannot be sold without the permission from court. Even if he has sold it, the minor has the right to challenge it on her attaining majority. Since original papers are with you, it is unlikely to sell the property without it. You can take an encumbrance certificate of relevant period to see if there is any transactions with respect to it. Moreover if you are apprehending the sale of the property, you can on behalf of the minor can file a suit for injunction restraining him from selling the rights of the minor.

Advocate Nelson Joseph LawRato

681 votes

Your father can file a partition suit for getting his share from his father’s undivided property. He can legally entitled to get 1/4 share. If any of the siblings of your father had died, then their legal heirs also included as defendants in the suit. After the appearance of parties and their written statements the court will consider your petition on merit and pass preliminary decree if the property is legally partable one. Then you have to file a final decree application and appoint a commissioner with assistance of surveyor for petitioned the property. You can claim 1/4the portion as per commissioner report as your fathers share

Advocate Ajay NS LawRato