Upgrad LLM

buying an ancestral property who has minor son

software engineer

hi, Recently my dad and his brother split their father's ancestral property between them and registered their share in their names. Now my dad's brother is planning to sell his land and my dad has plan to buy his brother's land. My dad's brother has a minor son and hence we are little confused if there will be any problem in the future once his son turns major and file a case? So, we would like to know the steps that we need to take to prevent any issue in future? This is a farmland in Tiruppur district, Tamilnadu state. Pls let us know the legal proceedings for buying an ancestral land from someone who has a minor son. Thanks Chitra

 
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Lawyer at Supreme Court of India

Since it was an ancestral property you cannot buy without child's consent and a child at this stage can consent through his/her guardian.... Kapil Chandna Adv 9899011450

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Advocate/Attorney

There is every possibility that the minor son may object for the sale of property to your father when he becomes major.  The best method is, the father of the minor has to keep aside the share of the minor child (equivalent amount of the share of minor as per present existing market rate) in any nationalised scheduled bank.  As the father is the natural guardian of the minor son, he can sell the property as advised above i.e. keeping aside his share of amount. 

 
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legal advisor

once when a ancestral property gets partitioned it becomes the self aquired property of the person who is getting them.in that case its a self aquired property of your fathers brother and so he has all the right to register it on anybodys name without getting consent from his child.even if considered otherwise the father as a natural guardian of the child can decide to sell the property on his behalf


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Advocate/Attorney

I disagree with Saravanan.  On partition, the ancestral property will not become self acquired property.  Only the extent of the share of your fahter’s brother will become self acquired and not the portion of the son of father’s brother.  As a guardian he can sell the property of minor son.  But later when he becomes major he will dispute the title (ask for his share)  and the purchaser may fell in trouble.  A minor property cannot be alienated without the permission of the court is a settled law. 


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Advocate

The question of minor's property does not arise in this case and moreover nature of property changed from ancestral to self earned/acquired due to the registered partition deed effected between two brothers.

Thanking you, 


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software engineer

Thank you all for your valuable suggestions!!!

My father's brother told us that there will not be any problem from his side being the natural guardian of his son. So we are planning to get that in writing as part of the registration process. Does it sound to be a better idea or do we need to go to court and do any other formalities?

MR Ravindar - You mentioned that "A minor property cannot be alienated without the permission of the court is a settled law." Can you pls elaborate the court proceedings that we need to take in this scenario?


Thanks

Chitra

 
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Advocate

@Chitra:  I agree with the views and opinion of learned advocate Mr. Ravinder that though the ancestral property have been duly partitioned now among the brothers, the coparceners, i.e., the minor children  of the share holders are entitled to a share out of the share of the present share holders.  therefore the minor interest prevails in the share of the respective share holders.  The property with minor interest cannot b e sold by the father on his own or can dispose at his sweet will and wish despite enjoying the status of natural guardian minor interest without the permission of court of law.  For that the father of the minor has to petition the jurisdictional District court seeking permission to sell the said property with proper and authenticated reasons for the same.  Consult a good lawyer and take his opinion before proceeding on such sensitive and controversial issues. 


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software engineer

Originally posted by : T. Kalaiselvan, Advocate

@Chitra:  I agree with the views and opinion of learned advocate Mr. Ravinder that though the ancestral property have been duly partitioned now among the brothers, the coparceners, i.e., the minor children  of the share holders are entitled to a share out of the share of the present share holders.  therefore the minor interest prevails in the share of the respective share holders.  The property with minor interest cannot b e sold by the father on his own or can dispose at his sweet will and wish despite enjoying the status of natural guardian minor interest without the permission of court of law.  For that the father of the minor has to petition the jurisdictional District court seeking permission to sell the said property with proper and authenticated reasons for the same.  Consult a good lawyer and take his opinion before proceeding on such sensitive and controversial issues. 

 Thank you for your reply. We are checking with the lawyer local and also the writer who is going to get everything in paper.

 
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Lawyer

I agree with the expert opinion of Mr. Ravinder P. The status of partitioned property do not change from ancestral to self-acquired as opined by learned experts hereinabove, Both  the  brothers do settle in their possession  on being partitioned.

The minor coparcener is entitled for his share from his "father's" share, which can  be disposed  with the permission of District Judge despite the fact that father is the natural guardian of the minor.


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