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Shwetabh   20 December 2017

Property on minor names and siblings rights

Hi There,

I am from a Hindu Family and my grand grand father parachuted a land on the name of my grand uncle at the time when he was minor (5 year old). There was a mutual separation understanding and all our lands were being used separately between my father & his uncle family unfortunately my father uncle expired few years back. My grant aunty recently sold some part of that land which we mutually separated (no legal partition) and within the registery she mentioned my father name for our part of land which as it’s next to each other. Now when we are creating boundaries in our part of land they are creating trouble so trying to understand what’s our choice? There are four things to consider here:

  1. Land was purchased by my grand grand father on my grand uncle name when he was minor (5 year old)
  2. There is mutual separation since many years and we both where farming on our part of land
  3. In recent sales deed when my grand aunt sold some part of her land she clearly mentioned my father name in the sales deed that the land next to her belongs to him.
  4. We don’t have any papers of this land

So please suggest us what are our options. 



Learning

 5 Replies

KISHAN DUTT KALASKAR (Advocate)     20 December 2017

  1. You may get partitioned the land as per Hindu Succession Act, if you belongs to Hindu.
  2.  Usually the minor has to claim property and get it transferred in his name after attaining the age of majority.
  3. If your family members refuse to give your legal share, then you may file a suit for partition in Civil Court.

Kumar Doab (FIN)     20 December 2017

As per title in the query also:

Your father is not a ClassI legal heir of his brother and hence nothing devolves upon him by HSA out of the land whose title is in your deceased uncle’s name (your father’s brother), if ClassI legal heirs of your uncle are alive.

Kumar Doab (FIN)     20 December 2017

The land was purchased in the name of minor i.e. your uncle by his father.

Your uncle is legitimate title holder.

As per your post it is felt that he was married.

After his death his surviving ClassI legal heirs  have 1st right i.e. Mother (if alive as on date of death), Wife (if alive as on date of death and as per your post she is alive ),  son,daughters……….

Your father was never owner of this land.

Your father is not a ClassI legal heir of his brother and hence nothing devolves upon him by HSA out of the land whose title is in your uncle’s name (your father’s brother).

Who is creating trouble in demarcation of land that you claim under control of your (deceased) father by way of unregistered partition; your Aunty or new buyer who has bought from your Aunty?

Kumar Doab (FIN)     20 December 2017

Your Aunty is alive now?

What is her stand in this matter?

Your want to capitalize on the narration in registry about a portion said to be in your father’s name.

Isn’t it?

Although the title was never on your father’s name?

P. Venu (Advocate)     20 December 2017

What do you mean by "my grand grand father parachutted a land in the name of grand uncle"


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