Civil law
JEGADEESAN
(Querist) 10 May 2014
This query is : Resolved
Dear Sir,
I need to clarify a doubt regarding the rights of the grand son on their grand father's property.
i.e. Mr.Raman had purchased a property in 1960. After that he has expired in 1997
.Then his sons & Daughters has sold the property in 2005.At that time many of the grand children of Mr.Raman are attained the age 18.But they have not sign in the sale deed.
Now they can challenge against the sale deed executed in 2005? Whether the grandchildren has the right to get the share from their grand father's property while their father alive.?
Kiran Kumar
(Expert) 10 May 2014
Facts to be seen are that What was the nature of property? How the property was partitioned/devolved?
And finally the delay aspect has to be seen i.e. Whether the suit is barred by limitation or not?
Sankaranarayanan
(Expert) 11 May 2014
Need clear details. As indicated by mr kiran kumar
Rajendra K Goyal
(Expert) 11 May 2014
The property was purchased by mr. Raman and was sold by his legal heirs after his death. It is supposed that Raman was Hindu, all legal heirs signed the sale deed and there existed no will, grand childern has no right in the property till LH of Raman are alive.
JEGADEESAN
(Querist) 11 May 2014
Dear Mr.Kiran Kumar,
Actually that is agri Land. There is no partition has been done till 2005.But the sale deed executed like all the persons are jointly sold their respective shares.But there is some mistakes/limitations.
i.e.
1.Actually one of the son of Mr.Raman enjoyed the property & get the full sale consideration & But he simply cheated others i.e. Prepare the sale deed like all are sold jointly(But sign is not forged).
2.One of the daughter (of Mr. Raman) who has expired & her legal heirs are 4 Persons.Out of them only one son has signed on behalf his brothers & sister.
In this situation how can challenge the sale deed by the legal heir of other 4 persons?
How can challenge the sale deed by Legal heirs (who have not signed in the sale deed) of one of the daughter who has expired?
Anirudh
(Expert) 11 May 2014
Mr. Rajendra Goyal has very correctly answered the query.
The grand children have no role to play.
T. Kalaiselvan, Advocate 
(Expert) 11 May 2014
The legal heirs of predeceased legal heir of the deceased Raman put together have one equal share in the intestate property and if there is only one adult heir and all others were minor at that time, then that adult cannot sign on behalf of the minor heirs without the permission of court to sell the property having minor interest. In case all the legal heirs of the predeceased legal heir were major by age, if they have authorised one among them to act on their behalf through a GPA, then that is considered to be valid.
In general, upon the intestate death of Raman, his self acquired property will devolve upon his class I legal heirs alone, here the grandchildren donot have any right to a share in the grandfather's self acquired property except if there main share holder is dead on the date of such transaction, then they can claim a share of the the deceased legal heir's legitimate share in the intestate property.
