Friday, December 3rd, 2021

MINORS’ RIGHT TO OBJECT TO SALE OF THEIR SHARE

1.1     This article examines the right of a minor to (a) object to sale of his/her share in the joint family property, and (b) get the sale made in favour of a third party purchaser declared void.                              

Relevant Provisions Of Law:

2.1     Given below is a brief summary of the relevant provisions of the Law which govern matters relating to (a) joint Hindu family, and (b) joint Hindu family property:

(a)     Schools of Law:

The laws governing the Hindus, and their right to property are as follows:

Mitakshara Law; and

Dayabhaga Law.

The Mitakshara Law applies to the whole of India, except Bengal and Assam, where the Dayabhaga Law applies[1].

(b)     Joint Hindu Family:

Pursuant to the amendments brought by the Hindu Succession (Amendment) Act, 2005, a joint Hindu family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters.

(c)     Classification of Property[2]:

(i)      According to the Hindu law, a property may be classified as:

 1.      Joint family property; and

 2.      Separate property.

(ii)     While, a joint family property is a property in which every member/coparcener of the family has a joint interest and joint possession, and is synonymous with ‘coparcenary property’, a separate property is a property which belongs exclusively to one member of the family, and is synonymous with ‘self acquired property’.

(d)     Management of Joint Family Property[3]:

A property belonging to a joint Hindu family is ordinarily managed by the father or other senior member of the family, and such member of the family is called the ‘Karta’ of the family.

Tatva Legal, Hyderabad has a specialized team of lawyers who, amongst other services, advise on real estate transactions covering various aspects of the transaction such as general real estate transation adviosry, cross border real estate transactions and title due diligence .  

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