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Gokul (Manager Marketing)     03 December 2011

Dispute raised on sold property

Sir, A person named X has divided all his inherited properties between him and his two sons (he has only two sons) through a Partition Deed which is registered. The second son (seller) has two minor daughters and I have purchased a land from him. He has land at different locations and all received through the above partition. Whether the minor girls have right in the property as all the properties are divided by X himself and yet he is alive?
If the minor girls have a right the seller also has a right over 1/3rd of the total property given to him and this land sold to me comes around 1/3rd of the total area. So is the sale correct, as no other land is sold by him? Or he has only 1/3rd right in every individual land, so the minor girls can also claim rights in this piece of land. Further, in the sale deed the seller has signed for himself and as a guardian for his 2 minor daughters. I have divided the sale amount into three equal halves, paid his share by cash and made two Fixed Deposits in the names of minor children separately and gave the certificates also to him. The FD amount and certificate details are also mentioned in the sale deed. 
Now the minor daughters mother has gone to the court to claim back the property. will my property be taken back.



Learning

 1 Replies

Advocate Vishnu (Advocate)     03 December 2011

Dear Gokul,

The minor daughter's have some right on the property , but their fahter can sell the land to the extent of his share in the said property . Since you say , the father has sold only 1/3 to you, a defence can be raised that he sold only his share in that property and this is a valid defence. From the steps taken by you, you should have no problem and the land purchased by you cannot be taken away from you.


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