Hindu succession act

Querist : Anonymous (Querist) 19 June 2025 This query is : Resolved
can a property that is ancestral in nature after division with 2 brothers will that becomes self acquired of them ?And if one brother sells his share and while executing conveyance he makes signature with clause in the sale deed that he also signs on behalf of his minor daughter as representative as guardian to his minor daughter can she claim the sold property after attaining majority, because we are the purchasers and that minor has filled a suit for partition after attaining majority

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This discussion explores whether ancestral property, once divided between two brothers, becomes their self-acquired property. It specifically addresses a scenario where one brother sells his share, signing on behalf of his minor daughter. The key question is whether the daughter can later claim a share of the sold property after reaching majority, especially if the father did not obtain court permission to sell her portion. The advice given is that without court permission, such a sale is illegal and void, and a local lawyer should be consulted for specific guidance.

T. Kalaiselvan, Advocate (Expert) 19 June 2025
If the seller makes arrangements to deposit minor's share out of the sale proceed in a bank or elsewhere then the minor cannot claim a share at a later stage.

Advocate Bhartesh goyal (Expert) 19 June 2025
Without prior permission of court father/guardian can not sell/transfer his minor son/daughter's property/share to anyone sucj transaction is not only illegal but also void. .

kavksatyanarayana (Expert) 19 June 2025
Yes. Without court permission, the guardian, either the parents or else, for the sale of the minor's share.

Dr. J C Vashista (Expert) 22 June 2025
Seek permission of District Judge where minor resides to sell his/her share.
It is better to consult and engage a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

P. Venu (Expert) 22 July 2025
How is that the property is ancestral? Was the daughter born at the time of partition?

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