Q.: My cousin is a minor and owns certain immovable properties in Mysore. He would be completing 18 years of age on 12th March 2005. It is learnt his natural guardian is negotiating to lease out his properties for 15 years. Please advise me whether he can lease the property for 15 years.
A.: Hindu minority and guardianship act 1956, govern the management of the properties of Hindu minors. Section 8 of the said act enumerates the powers of natural guardian.
As per 2(b) of the said section, natural guardian cannot leave any part of the property of the minor for more than five years for a term extending more than one year beyond the date on which minor will which attain majority for which prior permission of court is required.
In this case the minor has completed 16 years of age, as such his natural guardian can lease the property only up to 11th March 2006, that is another 2 ½ years . In case his guardian leases the property for 15 years, it is against law and he may initiate action for termination of lease immediately after he attain majority.
Q.: I have recently purchased some immovable properties at Banaswadi out of my earnings. I do not have any children and have adopted a boy who is 17 years old. I want to gift some of my properties to my sister by Will, but natural parents of my adopted son are objecting to this stating that it is against law.
A.: You are at liberty to deal with properties which are acquired out of your own funds, as you like provided if no agreement is made at the time of adoption about non-alienation of property. You may bequeath the property to your sister by Will. Section 13 of Hindu adoption and maintenance act is very clear in this regard. However, apart from legal aspect you have a duty to your adopted son, and have to provide for him.
Q.: In your August issue, you have answered the query of Smt. Kausalya Devi about the devolution of property inherited by a female through her father. I am in similar situation, but the property inherited by me is that of my father in law. I do not have any children and my husband has expired a year ago. Please advise how my property devolves?
A.: Hindu succession act has made a vital distinction in case of properties inherited by Hindu females from father or from father in law and husband. the properties inherited from a father in law by Hindu female who do not have any legal heirs, specified in the act will devolve on the legal heirs of father in law property being treated as if owned by the father in law. In your case who do not have any legal heirs, the property will devolve on legal heirs of your father in law.
Q.: I have purchased a site measuring 30 x 40 in a private layout formed on a converted land. The layout has roads, drainage, water and power facilities and the area is well developed. The layout is situated at Parapana Agrahara. Recently BDA has notified this survey no. for acquisition for formation of Hi Tech City. The preliminary notification is released recently. Please advise how to proceed?
A.: If the layout is formed on a converted land with all the facilities and if you have a registered sale deed in your name, you may file the objections with the Acquisition Officer supported by documentary evidence. This objection has to be filed within 30 days from the date of preliminary notification.
The acquisition officer on hearing your representative duly supported by documents and if the area is well developed will de-notify the said survey no. before the publication of final notification.