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ruhi   01 December 2015

can mother relinquish property right on behalf of minor?

Hello everyone I wanted to know that can widow of predeceased son relinquish property rights of her minor child. By registered papers? In favour of her mother in law? If yes, than while salling this kind of property whether saller need to take permission from either widow or her child or court?


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 7 Replies

ruhi   01 December 2015

Can ny one help please

murali mohan c   02 December 2015

No parents cannot barter away their childrens right see thamma venkata subamma vs thamma rathamma supreme court

ruhi   02 December 2015

Than u for reply but if mother executes such paper than who is at fault..? Mother or a lawyer who gave services

ruhi   06 December 2015

Can any one help please

ruhi   21 December 2015

Thank you reddiji. How can I knw that she is having such sole right. I m lay man kindly explain.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     25 December 2015

1) Insufficient information.  The queriest question does not indicate like lay man.

 

2) How the property is devolved on mother is unknown to determine the right of Hindu widow.

 

3) The rights of minor ordinarily cant be extinuguished by mother untill established for the benefit of the minor lest voidable can be challenged on attaining majority within 3 years.

 

4) "As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court," a bench of S J Mukhopadhyaya and V Gopala Gowda said.

 

5) "In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage, there is nothing on record to suggest that previous permission of the court was obtained by the natural guardian before transfer by sale in question," the bench said.

ruhi   26 December 2015

Thank u for replying.

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