Dear Sir/Madam,
I'm looking to buy a property in Bangalore and was interested in purchasing a plot in a gated community. I have a query regarding the same.
The said plot is part of a survey number which measures approx. 3 acres and was alloted, after the demise of their father, to one among 3 brothers and is based on a panchayat parikath in 1983. This is also reflected in the mutation register.
Thereafter, this person entered into an agreement in 2010 for sale of all of this land. He had his wife, 1 daughter, 3 sons + their wives and 1 minor children each. He also had his sisters and their family as part of the agreeement.
So in the whole transaction there were 3 minor children involved (one from each son, aged between 4 and 9 in 2010). All the 3 minors were represented by their mother as Natural guardian during the transaction.
So my question now is, can any of these 3 minor claim for their share of the property in the future when they turn major.
If yes, does the Comment ii) under Section 8 of Hindu minority act hold me good?
"(ii) Immovable property contemplated in section 8 means a minor’s definite property and not his fluctuating indefinite interest in the joint family property. Interest is ever fluctuating depending upon exit and entry in the family by natural process or otherwise. It is only upon a partition that a definite share can be culled out. Undivided interest of a minor is left untouched. Section 8 is in pari materia with section 29 of Guardians and Wards Act; Naryan Laxman Gilankar v. Uday Kumar Kashinath Kaushik, AIR 1994 Bom 152."
In other words, do these minors only have fluctuating indefinite interest in the property and hence not able to challenge their Grand father's sale agreement in the future?
Please suggest. Awaiting your response on this regard.
Thanks in advance!
Regards,
Ganapat
