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vinay (CEO)     15 February 2012

Property dispute

Hi All ,

I've purchased a small land in 1992 . The land happens to be an ancestral land . it was at that time owned by a person (X) who had children who were minors . As of today , the owner (X) has passed away . he leaves behind 3 sons and 5 daughters who are all adults and married. They claim that they have right on the property too ( since its ancestral land ) . My sale papers clearly have the owner (X) stating that all his children are minor and therefore he is signing on their behalf and that they will have no right on the property and ownership is being transferred to me . However , no children names were mentioned and no signatures of any children were taken

My question is - Do these children have right on the property ? if i put a court case against them , where do i stand ?  any help is much appreciated .



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 February 2012

Mr.Vinay,

The Transaction entered into by X was clearly beyond his capacity, In an ancestral property - all of them were owners in equal shares, and in no case could such father alienate over and above his share. However if in that family if X was the karta - and had sold the property for the benefit of the family or legal necessity. Such Alienation can be sustained in a court of law.  Any further advise can only be given after threadbare examination of your title. 

Please Consult a Lawyer

Chaitanya_Lawyer_Mumbai (Lawyer)     16 February 2012

A person who owns an ancestral land has rights to sell it in his lifetime.

Land goes to legal heirs only on a person's death.

As he has mentioned that all heirs will not claim anything,you are safe.

No need to take legal action against them as of now.

Let them start the court battle, you will win.

Convey them about legal aspects to avoid unncessary legal battle.


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