Withdrawal of minor's right from ancestral property by natural guardian
Guest
(Querist) 25 January 2012
This query is : Resolved
'A' Hindu Widow with her minor girl 'B'
Birth of 'B' after her father death
'C' Husband of 'A'
'D' Grandfather of 'B' having only ancestral/parental property(agri. land) on his name
'C' has not taken his any Share of property from 'D' (Father of 'C')
'A'&'B' file suite under Hindu Adoption & Maintenance Act
'A'&'B' wants to Settle case with 'D'
'D' is ready to pay Share amount of property to 'A'&'B' By Cheque
But 'D' wants Clearance from 'A'&'B' from Court i.e. Withdrawal of minor rights from his property
How 'A' can Remove/take out(withdraw) 'B' rights from 'D' Property by law
M/s. Y-not legal services
(Expert) 25 January 2012
what do you mean for withdrawal of minor's right..
you cant do anything like that.. just a and b can sale the property with court's permission. by depositing the minor's share with any one nationalized bank court can permit for the sale..
-tom-
Guest
(Querist) 25 January 2012
Lot of thanks for your guidance,
withdrawal of minor's right means natural guardian mother willing to take out(remove) property share from minor's grandfather property...By Law...
As Property is in name of grand father...
Raj Kumar Makkad
(Expert) 26 January 2012
I do not agree with the suggestion of tom as the same is not applicable in the given case.
As all parties are agree to settle the issue and a modality is to be carved out so that neither A nor B may demand any share thereafter out of the properties of D.
It is advised to frame a family settlement in which entire description of the properties and circumstances may be mentioned in detail along-with undertaking of mother on behalf of minor that they both are receiving the full and final amount against the partition of the ancestral properties of the family and shall have no other right to claim in future either by A or B.
This family settlement can be got a court decree. In this way, the desired results can be got for ever.
Guest
(Querist) 26 January 2012
Sir, Lot of thanks For your Suggestion,
As per Raj Kumar Makkad Sir, It is family settlement BUT 'B' is Minor...
Can Mother(A) Give undertaking on behalf of minor without Court permission...As it is a matter of ancestral property share
M/s. Y-not legal services
(Expert) 26 January 2012
makkad sir., what you mean?
your answer not only confuse this author., am also confused..
are you saying that this property can be sold without court's permission..
-tom-
V R SHROFF
(Expert) 26 January 2012
is it HUF?
ONLY KARTA CAN DEAL IF HUF.
FEMALE CANNOT BE KARTA OF HUF PROPERTY.
Shonee Kapoor
(Expert) 26 January 2012
Family settlement deed is the way out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 26 January 2012
Dear author : Guest!
What is being over looked is the fact that you yourself have stated that "'A'&'B' has filed suit under Hindu Adoption & Maintenance Act"
I guess that this suit claims the coparcenary rights of deceased husband of 'A'and father of minor'B'.
Then no settlement can legally take place outside the court and here in this suit a settlement ,be of any kind, can take place only with due permission of the court.The court if considers the compromise proposed to be in the interest and welfare of minor, then it shall allow the compromise to be recorded but hopefully share of minor would be ordered to be deposited in some nationalized Bank where from mother could be able to with draw the amount from time to time by permission application to be moved a fresh under Guardians of wards Act,before District Judge,showing needs of the minor 'B'.
Guest
(Querist) 26 January 2012
Thank you singh sir, for your Reply...
V R SHROFF
(Expert) 26 January 2012
singh saab correctly noted the root.
M/s. Y-not legal services
(Expert) 26 January 2012
but in your first para., you did not say anything about grand mother..
otherwise, am i right makkad sir?
-tom-
Raj Kumar Makkad
(Expert) 26 January 2012
The author has no where in his query has desired to sale the property so where is the question to obtain the permission of the court order?
D, the grand father of D (still alive)wants to provide A & B their share in kind but in return he wants an undertaking that they shall not claim anything in future.
There is no legal right of A & B in the properties of D as on day even though C has expired. The right of A & B shall accrue only on the day D expires. Until he is alive, A & B cannot legally claim either partition or may sale the alleged share in favour of any person. There is no occasion to get court permission at this stage because they have no title over any property.
I do agree that had B an owner of any property, her share could not have been sold by her mother on her behalf without obtaining permission of the court but that situation is no where in the given case.
M/s. Y-not legal services
(Expert) 27 January 2012
D' is ready to pay Share amount of property to 'A'&'B' By Cheque
But 'D' wants Clearance from 'A'&'B' from Court i.e. Withdrawal of minor rights from his property-
sale or settlement., but anything can be without court's permission if a property include a minor's share also?
[but here minor dont have any right over the property. so am not ready to take this debate.. but the author did not furnish all in first para]
any way thank you makkad sir..
-tom-
Raj Kumar Makkad
(Expert) 27 January 2012
There is no share of ! & B in the properties standing in the name of D but this is mutual understanding of the family members to settle the whole issues at one go my reply is accordingly.
Anyway, professional discussions increase our knowledge and various aspects of the query come under deep discussion benefiting the author and various other readers.
Guest
(Querist) 27 January 2012
Am very Thankful to all Experts...
prabhakar singh
(Expert) 28 January 2012
If the agricultural properties in hands of 'D' are ancestral and are located outside UP and parties are governed by Hindu Mitakshra school then 'D'and 'C' formed a coparcenary hence 'A'&'B' do have right with 'D'in the properties.
Raj Kumar Makkad
(Expert) 28 January 2012
D is making settlement only due to this aspect as discussed by prabhakar singh.
Guest
(Querist) 29 January 2012
Dear Experts, Grand mother is still alive...and having ancestral property in her name which is given by her husband to her...
