Regarding registration of property if one of the claimant is minor.
kedarga
(Querist) 29 July 2013
This query is : Resolved
Dear Sir/Madam,
My father expired recently has two children myself being major and a daughter being a minor. The properties registered in his name via partition from his father who is alive. Now, my mother with the consult of her father in law is willing to register the properties in my name.
Is this possible? Please suggest and help.
kedarga
(Querist) 29 July 2013
Now since my sister is minor can my mother register the ancestral properties in my name? Is her sign needed? Is it possible to register?
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
Legally she cannot do so. Minor daughter here has an equal share.
Advocate Ravinder
(Expert) 29 July 2013
Your religion is not mentioned. If you are hindus, the legal position is as follows:
Though your sister is minor, she has equal right as of you. The property already devolved upon her on the death of your father. Now she is the owner of 1/2 share of the property.
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
1/2 of 1/3 share Ravinder Jii. Mother too will take one share.
Advocate Ravinder
(Expert) 29 July 2013
I am sorry it is 1/3rd share. Mother too has share.
kedarga
(Querist) 30 July 2013
Thank you for your advices. We are Hindus. As of now can my mother register the ancestral properties in my name or we have to wait till my sister becomes major. And my mother wants to keep one of the properties i.e. owned by my father independently to herself and give to her daughter on being major. Is this possible?
Advocate Ravinder
(Expert) 30 July 2013
Your mother can give to the extent of her 1/3, but not of your minor sister. If you want to distribute properties in the manner as you said, your mother and you have to execute registered partition deed where there will be three parties (1) yourself (2) your mother (3) your mother on behalf of your sister in the capacity of guardian. You have to enclose sketch map showing location of the distribution.
But, if any of your near relative complaints about the distribution of your minor sister's share, and files a civil case agianst you, you have to defend the case and you have to convince the court that your sister's share will not be misutilised. As long as your sister is minor, the law will take responsible of the welfare of your minor sister. Hence, the rules are strict when the person is minor.
kedarga
(Querist) 30 July 2013
Thank you for your advice sir. Now can my mother register the ancestral property in my name and register my father’s independent property for herself so as to give it to my sister when she is major?
Rajendra K Goyal
(Expert) 30 July 2013
Well advised by the experts, nothing more to add.
