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

?


Asked on 9/03/08, 5:21 am

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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.

In case of need please contact personally alongwith the details.

Professional charges are applicable.

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Answered on 9/04/08, 4:41 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 9/03/08, 7:37 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

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.

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Answered on 9/03/08, 9:04 am
Satyajit Patra Satyajit Patra

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.

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Answered on 9/04/08, 4:28 pm


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