Right to minor child
Phaniram Boppana
(Querist) 31 May 2018
This query is : Resolved
Will the minor child have right on the ancestral property which was completely and legally transferred to his mothers brother on becoming major
Ms.Usha Kapoor
(Expert) 01 June 2018
No!
6. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Hence the minor child after becoming major can't challenge or get an y share in his maternal uncle's property where all the family members of his mother's side including his mother transferred their rights in that property to to the boys maternal uncle.
K Rajasekharan
(Expert) 01 June 2018
What we call an Ancestral Property in Hindu law is a property which has been passed down from generation to generation (his grandfather and father) up to the present generation without being divided or partitioned anytime by the family. That means the property should be four generations old & it should not have been divided or partitioned by the previous three generations.
In other words an ancestral property must be the one originally purchased by the fourth male lineage - great grandfather – and it remained undivided till the fourth generation.
Ms.Usha Kapoor
(Expert) 02 June 2018
No!
6. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Hence the minor child after becoming major can't challenge or get an y share in his maternal uncle's property where all the family members of his mother's side including his mother transferred their rights in that property to to the boys maternal uncle.
Dr J C Vashista
(Expert) 03 June 2018
. I fully agree and endorse expert advise of Mr. K Rajasekharan.
Hindu minor becomes entitled of his/her share in the property from his/her great-grandfather/mother. i.e., 4th generation. However, Concept of transfer of ancestral property differs from religion to religion.
There is some confusion with the facts of the case since share in the property of a minor can not be transferred to his/her mamma (mother's brother) as stated by you.
Dr J C Vashista
(Expert) 03 June 2018
How you are concerned with the story/question?
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding, if there is some iota of truth in the question paper.
Kumar Doab
(Expert) 03 June 2018
Which personal law applies in your case?
Or are you all Hindu?
The said property is agricultural land, rural, Urban, or it is a building?
Who was 1st title holder of the said property amongst forefathers?
Have the deceased title holder say; your maternal grandfather left any valid WILL?
The property is in which state?
Are your mother and her brother alive?
Confirm!
Kumar Doab
(Expert) 03 June 2018
Property from mother’s ( Hindu woman) side is not ancestral!
If you as minor child had NO share in the said property then you cannot have any share on becoming major also.
If you as minor child had share in the said property then you can agitate upon attaining majority.
Assuming that the nature of property was self earned/acquired in the hands of say; your maternal grandfather then he can very well transfer whole/part property by a valid/registered deed in favor of his son i.e. your mother’s brother.
You and your mother have NO forced share in such property.
Assuming that the nature of property was not self earned/acquired in the hands of say; your maternal grandfather then he can transfer his share in the property by a valid/registered deed in favor of his son i.e. your mother’s brother. And your mother can press her claim for her share. In her lifetime she can dispose from her share, further.
If she deceases without disposing her share then being her son you can your share.
Kumar Doab
(Expert) 03 June 2018
1st of all get mutation records with al link docs from O/o Authority under whose jurisdiction property falls and discuss with elders of your family, well wishers, seasoned PIP known to you and get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/civil matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before proceeding further and rushing to courts…….
Your counsel shall examine all docs, records, inputs and advise you properly on merits on your side and chances of success if any……….
One should not initiate litigation on impulse.
