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What are my Rights in ancestral property under Hindu Succession Act


11-May-2023 (In Property Law)
A property was granted to 'A' who died and it was inherited by 'B', later 'B' and his children have executed a unregistered partition. 'C' is a minor who has not been included in the partition. 'D' intends to sell his share, 'C''s father and his sisters have executed a release deed in favour of 'D'. Does this minor kid have any right in the ancestral property. ( All are alive i.e G.F and his father). Kindly provide the citation and provisions for the answer.
Answers (2)

Answer #1
731 votes
Sir
On death of A,who is the owner of the property, the property will be equally divided into his children. Then each one get equal share.

Here you not mentioned the age of the Minor that is, he is below the age of 12 or 16?

As you told, the C is the minor at that of partition, then his next friend will represent him at the time of partition. That may be his father and or mother. The C Will also get one share even though he is minor. In the inherited properties, future interest of share over the property will be created immediately on its partition. Even though he is a minor, he is having equal share in the said property along with the others .

I hope the next friend of C is his father. Only he can manage the property till C attain the age of majority.

All include technical points of law. Please consult us or any known advocate.
Answer #2
705 votes
ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. So no need to worry except the wastage of time running from pillar to post in the court premises

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