Legal Question in Family Law in India
right of minor
A property has been distributed
through deed of distribution
between family of (P) & (Q).Then in
how much time a minor of family (Q)
has to claim his right in that
property after he become major ?
can he claim if his right was
considered when he was minor ? if
that property has been sold by (P)
to (R) then is there any obstacle for
the purchaser (R) if he wants to sell
?
4 Answers from Attorneys
Re: right of minor
Facts are missing. Please state the following :
(a) Religion
(b) Religion of the parties.
On the assumption that the parties belong to Hindu religion and property is an ancestral property then the minor has a right in the said property and without his consent the property or his share cannot be sold without the permission of the Hon'ble Court.
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Re: right of minor
It all depends upon nature of the property and religion of the parties - both facts missing in your statement.
Assuming that the parties are Hindus and the property is ancestral : the minor has a right in the property at the time of partition and his share cannot be sold except with prior permission of the Court.
Re: right of minor
You have not stated your religion. However sale of minor's property can be effected only with permission of court for his benefit. He can claim right as soon as he attends majority or any time thereafter.
Re: right of minor
Minor of family Q has no right over the property of Family P or vice-versa. In a identified and demarcated property Q family has all the right hence cannot be sold by P.
if Q family wishes to sell the property then it has to take prior permission of the Court.