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Property - Our share of property
2 weeks ago
My Question is Property Issue!!
Our GrandMother had 3 children’s 2 daughters and one son my grandmother Pass away before 15 years my My Father past away before 13 year and Now My Anut & Daughter Have added names in Our share of property even if they have got their Share of property After the death of my grand mother when We all were small they have taken our signature on Some documents which were was of property which Grandmother kept for us they have added names in it and now they are Making Files and Cases on us Of property.
My Question is How can We Remove their names form our property which had added by cheating ?
A.Dear Client,
The intestate (without a will) property of the deceased devolves upon the legal heirs according to the law of inheritance. If the legal heirs are minors, their father and then their mother will be the guardian of the property. However, the Courts in a plethora of judgments have laid down that the guardian being the custodian of the minor property cannot alienate or sell the property you were a minor, the same can be challenged upon attaining the majority. You can file a civil suit by challenging the sale and reclaim the property within three years of attaining the majority. You can also file a criminal case against your aunt and her daughter for cheating. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
The intestate (without a will) property of the deceased devolves upon the legal heirs according to the law of inheritance. If the legal heirs are minors, their father and then their mother will be the guardian of the property. However, the Courts in a plethora of judgments have laid down that the guardian being the custodian of the minor property cannot alienate or sell the property you were a minor, the same can be challenged upon attaining the majority. You can file a civil suit by challenging the sale and reclaim the property within three years of attaining the majority. You can also file a criminal case against your aunt and her daughter for cheating. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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A.Dear Client,
When someone passes away without leaving a will, their property is distributed equally among their surviving legal heirs according to the laws of inheritance. If the deceased leaves behind minor children, the Hindu Minority and Guardianship Act of 1956 stipulates that the natural guardian of the children is initially the father, followed by the mother. Even if the mother is listed as the natural guardian in property documents, she cannot sell or transfer any property inherited by the minor children without prior court permission, as outlined in Section 8(2) of the Act. In situations where urgent funds are needed, the guardian must petition the court for approval to transfer the property. Additionally, Section 12 of the Act prohibits anyone from disposing of a Hindu minor's property solely based on being their de facto guardian. According to a Supreme Court ruling in Saroj v. Sunder Singh & Ors., a guardian cannot sell a minor's property without court permission, and any objection from the minor renders the transaction void. To challenge such transfers, the minor must file a suit within three years of attaining majority. As a legal heir, you can initiate a civil suit under Section 34 of the Specific Relief Act, 1963, seeking an injunction through Order 39 Rule 1 & 2 CPC, and also file a cheating case against your Aunt and her daughter under Section 415 of the IPC.
When someone passes away without leaving a will, their property is distributed equally among their surviving legal heirs according to the laws of inheritance. If the deceased leaves behind minor children, the Hindu Minority and Guardianship Act of 1956 stipulates that the natural guardian of the children is initially the father, followed by the mother. Even if the mother is listed as the natural guardian in property documents, she cannot sell or transfer any property inherited by the minor children without prior court permission, as outlined in Section 8(2) of the Act. In situations where urgent funds are needed, the guardian must petition the court for approval to transfer the property. Additionally, Section 12 of the Act prohibits anyone from disposing of a Hindu minor's property solely based on being their de facto guardian. According to a Supreme Court ruling in Saroj v. Sunder Singh & Ors., a guardian cannot sell a minor's property without court permission, and any objection from the minor renders the transaction void. To challenge such transfers, the minor must file a suit within three years of attaining majority. As a legal heir, you can initiate a civil suit under Section 34 of the Specific Relief Act, 1963, seeking an injunction through Order 39 Rule 1 & 2 CPC, and also file a cheating case against your Aunt and her daughter under Section 415 of the IPC.
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A.Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. In case the surviving legal heirs are children at the time of the demise of their biological father, then after the father, the natural guardian of minor children is their mother, Section 6 of India's Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother. If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the mother whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Hindu Minority and Guardianship Act, 1956 states that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or in any other mode without the previous permission of the Court. In case of an urgent requirement of funds, the natural guardian of the minor children will have to make an application to the court praying for the transfer of that property. As per Sec.12 of the Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. As per the Supreme Court judgment on the sale of minor property in Saroj v. Sunder Singh & Ors., the Supreme Court ruled that a guardian cannot sell a minor's part of the property without the permission of the competent Court. However, if the minor objects to the sale or transfer of the property, the court will hold the transaction void. To impeach the transfer of immovable property by the guardian, the minor must file the suit within the prescribed period of three years after attaining majority. Apart from this, being a legal heir, you can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice, You can file a cheating case against your Aunt and her daughter under Sec.415 of the IPC. Reach out to an Advocate for guidance and steps.
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. In case the surviving legal heirs are children at the time of the demise of their biological father, then after the father, the natural guardian of minor children is their mother, Section 6 of India's Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother. If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the mother whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Hindu Minority and Guardianship Act, 1956 states that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or in any other mode without the previous permission of the Court. In case of an urgent requirement of funds, the natural guardian of the minor children will have to make an application to the court praying for the transfer of that property. As per Sec.12 of the Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. As per the Supreme Court judgment on the sale of minor property in Saroj v. Sunder Singh & Ors., the Supreme Court ruled that a guardian cannot sell a minor's part of the property without the permission of the competent Court. However, if the minor objects to the sale or transfer of the property, the court will hold the transaction void. To impeach the transfer of immovable property by the guardian, the minor must file the suit within the prescribed period of three years after attaining majority. Apart from this, being a legal heir, you can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice, You can file a cheating case against your Aunt and her daughter under Sec.415 of the IPC. Reach out to an Advocate for guidance and steps.
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