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Author Topic: Minor Daughters' right to Ancestral property sold by her father  (Read 470 times)

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Offline mmuzakkir

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Hello,
I am planning to buy 6 acres of land in Anathapur District in Andhra Pradesh
This property is ancestral property of a certian "A" who has 2 sons "B" and "C".
Through a registered partition deed done by "A"  this property is given to "B" by his father.
"B" has a minor daughter "D".
This property has been sold by "B" to a certain "X" in the year 2013, however since "D" was a minor she has not signed during the registration that took

place in 2013.
I have now paid an advance amount to "X" to buy this property and as per the agreement i have to get this registered in 3 months time.

I have 2 questions here.
- Since "D" was a minor and has not signed during the registration to "X" will this cause a problem to me and whether "D" will have any claim on the property

if i buy the same?
- Also "X" has 2 major kids.... And during registration is it mandatory to get them also sign?
- Lastly Since "D" has not signed during the registration in 2013 is there a way to get this legally sorted out now when i get this registered... If yes what

exact things need to be done...
Your insights into this will be highly appreciated.

Offline mmuzakkir

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Re: Minor Daughters' right to Ancestral property sold by her father
« Reply #1 on: April 11, 2016, 07:31:19 AM »
To Add:
Note:
Parties, A, B, C & D are Hindus
Parties X and myself are Muslims

Offline rajgopal sripathi

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Re: Minor Daughters' right to Ancestral property sold by her father
« Reply #2 on: April 11, 2016, 07:45:04 AM »
Hi
I understand you are from ananthapur.
hence in your case, it will be as follows:
A property obtained by male hindu at the time of partition is his absolute property.
So legally D need not sign the sale deed effected by B in favour of X.
However if D is willing to sign a ratification (assuming she is a major now) deed pertaining to sale of property by B to X, then getting the ratification deed signed by D will be a bonanza for you.
With reference to your sale deed with Mr.X, it is sufficient that Mr.X alone signs the sale deed in your favour.
There is no requirement of children of X to jointly sign the sale deed along with Mr.X If the children of X are ready to sign as witness, then it is double bonanza for you

 
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline mmuzakkir

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Re: Minor Daughters' right to Ancestral property sold by her father
« Reply #3 on: April 11, 2016, 07:35:07 PM »
Hello and Thank you Rajgopal sir!
Just a few thoughts to be cleared...
- So in my case does "D" have no rights in ancestral property?... If so why is this case different than any other case where a hindu minor daughter has rights to ancestral property?
- In case "D" is still a minor does the equation change once she becomes a Major any sooner?...And will she have any rights then?
- Assuming she is still minor can anybody from her family lodge a claim on her behalf stating she needs expenses for her studies etc.....(just thinking at different angles)
- I am not from Ananthpur district but from a different state....however my father was from Ananthpur district before migrating to another state...Hope this has no bearing to this whole equation.

Thanks in advance.

 

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