Preserving Minors' Undivided Interest in Ancestral Property
- -By SIDHI JAIN (3 BBA LLB ‘B’)
- CHRIST (Deemed to be University)
Ancestral property holds great significance for families, representing a shared legacy passed down through generations. The Hindu Succession Act of 19561 and other laws do not define what constitutes ancestral property. However, the Supreme Court has ruled in various cases that property inherited by a male Hindu from his father, paternal grandfather, or paternal grandfather’s father is ancestral property. However, when minors have an undivided interest in such property, ensuring their rights and securing their future becomes a critical concern. This article aims to shed light on the importance of protecting minors’ undivided interest in ancestral property and partitionedAncestral property.
Minors are the most vulnerable section of our society, they and their interest are in a dire need to be guarded from unjust exploitation, they need to be looked after and protected as they are still at a developing stage and them being Minor’s have little to no knowledge about the Foxy nature of the world and can be easily abused by the hands of the grown-ups. The paramount concern of every constitution should be to establish a legal framework to
safeguard the interest of the minor. Laws to recognize and uphold the minor’s rights needs to aim and regard best interest of the Minor as it’s primary objective. One such law is THE HINDU MINORITY AND GUARDIANSHIP ACT,19562. laws governing guardianship and custody, protect the minor’s byappointing responsible adults as their legal guardians. These guardians are
- Act No. 30 of Year 1956, dated 17th. June, 1956
- ACT NO. 32 OF 1956, dated 25th August, 1956.
entrusted with the duty to make decisions in the best interests of the minor, ensuring their safety, education, healthcare, and overall welfare. The primary concern of this act is protecting a minor from being exploited along with protecting his Estate or Ancestral Property devolved upon him and to ensure their upbringing is secure without them facing any unnecessary toils along the way.
To understand the concept of a Minor’s Undivided Interest in Ancestral Property, it is essential to know what a minor, Guardian and Ancestral property is, Ancestral property would refer to any property inherited from a male ancestor up to three generations above. According to Hindu Mitakshara Law, this is known as Aparatibandhadaya. It is referred to as an unbroken heritage because there is a continuous male lineage, and the property is transferred through survivorship. Following the Mitakshara law there abreast was a Hindu Marumakattayam Law expressly exercised in Kerala and nearby regions where Ancestral property seen was of Female lineage, a household consisted of the mother and her children with joint rights in property. The lineage was traced through the female line. The makers of Hindu Succession Act took care to provide two separate clauses specifying the method in which the Estate will devolve while enacting the law, and the determination of the heirs will thus be controlled by Section 17 of Hindu Succession Act while in the case of female lineage of ancestral property. it could be inferred that sons, grandsons, and great-grandsons of the property owner acquire rights and interests in the property from the moment of their birth also Behind every ancestral property now stands women with equal rights as men, following the Hindu Succession Amendment Act, 2005 daughters are also entitled to the Ancestral property rights3.
A minor, In the context of Indian law, as defined by Section 4A of THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956, is an individual who has not yet reached the age of 18 years or has attained the status of “Adult”. This definition also includes an unborn child or a child in the mother’s womb. A legal guardian, would be a person who has been appointed by the court or otherwise has the legal authority to make decisions relevant to the person or
property or both of a Minor. In most cases a guardian is either of the parents of the minor, so do the minor needs protection from their own parents too?
3. Act No. 9 of Year 1857, dated 2nd. March, 1857.
4. Act No. 9 of Year 1872, dated 25th. April, 1872.
A minors property needs protection regardless of the guardian and his nature of relation with the minor. In today’s world uncertainty is as common as dirt, thus the provision that gives full authority to the guardian to look after the minor’s estate there needs to be limitation to these powers so that the minor is not tricked or cheated in any way. To do away with this uncertainty there needs to be provisions to protect the minor’s estate without any prejudice or bigotry. These properties that minor possess are considered to be as a security for the upbringing and welfare of the minor thus under no circumstance the property and its title can be altered or changed solely at the guardian’s discretion, also Due to their age and legal restrictions, minors cannot independently exercise their rights over the property or sell their share without the involvement of their appointed guardian and, in some cases, the court’s approval.
The Indian Majority Act of 18753 and the Indian Contract Act of 18724 stipulate that a minor cannot enter into agreements or sign documents in their own name unless they have a legally appointed guardian to act on their behalf. The guardians possess the authority to manage the minor’s estate or immovable property. These guardians are basically caretakers of the property and not owners, the right given to the guardians are only interim and has no other effect pertaining to the title rights of the property.
THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 states that a Minors property or his undivided share in joint family property under no circumstance be sold by his natural guardian, de-facto guardian or any guardian appointed by the State unless an express order acquired by the court. while parties failing to comply with such provision the sale agreement executed is voidable at the discretion of the minor after them acquiring the Majority status, Section 13 expressly states that welfare of the minor is of paramount consideration. This framework aims to safeguard the minor’s interests and ensure that any decisions made regarding the property is for the best interest of the minor.
The minor, on attaining majority, can repudiate the transfer in any manner as and when occasion for it arises, the limitation regarding the same Is of 3 years, on one hand the law has been lenient in cases of mortgage of property where the limitation is 12 years upon knowledge but on the other hand it’s only 3 years limitation upon attaining the status of “Adult”. Where the property’s title is still with the owner in case of mortgage, the title is wholly transferred when it comes to sale, shouldn’t the law be more magnanimous and be in the best interest of minor as is the law’s primary objective.