Upgrad LLM

withdrawal of minor's right from ancestral property by natur

Simple

'A' Hindu Widow with her minor girl 'B'
    Birth of 'B' after her father death

'C' Husband of 'A'

'D' Grandfather of 'B' having only ancestral/parental property(agri. land) on his name

'C' has not taken his any Share of property from 'D' (Father of 'C')

'A'&'B' file suite under Hindu Adoption & Maintenance Act

'A'&'B' wants to Settle case with 'D'

'D' is ready to pay Share amount of property to 'A'&'B' By Cheque

But 'D' wants Clearance from 'A'&'B' from Court i.e. Withdrawal of minor rights from his property

How 'A' can withdraw 'B' rights from 'D' Property by law

 

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

In the present case - B as you know has a definite right in the property. Considering the facts that you've told me this is how it goes :-

D - C - B formed a coparcenory - each entitled to 1/3rd of total property. Now since C has expired. His 1/3rd would devolve in equal shares to A and B. Hence A has 1/6th of total property. B has a total of 1/2 of the total property.(her 1/3rd as a coparcenor + half of her father's 1/3rd). 

Now as regards the cheque it is not very safe - cheque is always a conditional payment - and is as good as long as it is honoured......Once you are satisfied by your payment you can get a compromise decree passed in the aforesaid case on the terms that you desire. 

 
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