Agriculture land sold 15 years ago now minor claiming share
Dr. Tanaji Rathod
(Querist) 29 September 2018
This query is : Resolved
A sale deed executed in October 2000 for purchase of agriculture land is questioned by a son who was minor at the time of sale (now major). He is trying to claim from that his father's share and along with other joint owners brothers and uncles have sold the joint property. now can he question after lapse of 18 years?. Now the land is acquired by govt. How can he claim now any compensation? Actually his father has taken sale consideration at the time of sale transaction. now with collusion with his father, he is approaching court to blackmail the bonafide buyer. how to defend. please clarify.
Dr. Tanaji Rathod
(Querist) 29 September 2018
please clarify on land sale and claim of minor share
Dr J C Vashista
(Expert) 30 September 2018
Whether the land was ancestral or self acquired of the vendor?
Suit can be filed by plaintiff for his share in ancestral property but shall not sustain, in the light of given facts.
What is your concern/ locus standie to the land/ query ?
Show the document of sale deed to a local prudent lawyer for better appreciation, analyse and guide.
Hemant Agarwal
(Expert) 24 October 2019
1. PRESUMING the said Minor alias Major, has filed claim of his rights on ancestral /self-acquired property sold by his father (say for Rs. 100/-), THEN too the son can claim his share ratio only from his Father and NEVER from the current holder of the property. The Father becomes liable for any unauthorized /illegal sale of the property and NOT the buyer.
2. Anything contrary or adverse to above, would amount to extortion, fraud, intimidation, mischief, breach of trust etc.... at the hands of buyer-party.
Keep Smiling .... Hemant Agarwal
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