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Shruthi (engineer)     22 February 2012

Property dispute

Hi All,


My parents had purchased a plot in 1986. At the time of selling, the seller had a son who was a minor. Now, the son claims that he has right over the property's share and is challenging the sale.

Does he have any right over the property's share?. What are the applicable laws in this scenario?. If the sale had been made as per the laws which were valid then in 1986 would it hold good now?. Have the laws with respect to minors been modified?. Need advice.


Thanks.



Learning

 4 Replies

Shantilal Pandya ( Advocate)     23 February 2012

whether or not the minor has any interst in the property sold  is  question of  facts  but even then   if the   transferor  is  a  natural guardian  of the minor  and the  transfer is  effected  for legal necessity  ,then  the minor is  not  likely  to be  succesful ,  besides that , the minor has to  challange the  transfer before    3 years  elapsed  from the  date of   the minors  attaining  majority, 

Bharatkumar (ADVOCATE )     23 February 2012

If property is own name of seller so he can sale this property another person and his son has no right in this preoperty. So, u r owner of this property.

In case this property is  ancestral at that time Minor right in this property.

sridhar pasumarthy (ADVOCATE)     23 February 2012

If the said property is the self acquired property of the seller, his son has no right at all.

Suppose, if it is ancestral property, minor son will have right to question the sale(wrt his share only) on grounds like want of legal necessity, not for the family benefit etc. in which case, it is your burden to prove that the property was sold by the father for legal necessity, family benefit, for discharging pious obligations, to discharge the antecedent debts etc. and that you purchased it after making due enquiry.

Shruthi (engineer)     24 February 2012

Thank you all for your valuable response!.

We have verified that the above said plot was ancestral property of the seller and that the seller had mentioned that the sale was done for family benefit. Therefore we infer that we have no problem..

 

Thank  you again.

-Shruthi


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