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Narendra (Enggineer)     10 February 2012

Hindu succession act minors to adult

Family of six, A-Father(Passed Away without any will)  B- Wife C-Son D-Son E-Son F-Son.

Father purchased properties in the name of C and D when all son were minors.When father passed away C and D were Adults and E and F were minors.There is not a single property in the name of E and F, and there is no will and no property was transferred to E and F in father's life as father died unexpectedly

Now C,D,E,F are all Adults.

Can E and F claim their part in C and D's property which was bought by father under hindu succession act?

Can B create a will to transfer all her property to sons C and D?



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 February 2012

property brought in the name of C & D - is their seperate property now for all purposes and others can have no stake to it, secondly there is no bar on mother making a will

Narendra (Enggineer)     15 February 2012

Thanks for replying Bharat ,But why there is not any law for such properties which are bought in the name of minors and not divided due to unexpected death of the father.

How it can be proved that it was bought as a common family property,which is true?Can mother's statement be heard?

Can we file a petition and a new act can be formed in such special cases so that right justice should be done?

The minor was not earning when the property was brought in his name?And he is the first owner only i.e the property was never transferred.

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

Nothing can be done about property in the name of C & D.

Property in the name of father will be divided in 5 equal shares,mother & 4 sons.

Mother can make a WILL about her property.


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