Minor property
Jyoti V
(Querist) 01 January 2015
This query is : Resolved
1) Is Kul Kaida applicable on a minors property?
-Kul kaida was applied when my father was minor.
2) Can the care taker of the minors property sell the property?
3) What are the consequences?
We have all the originals of the property including the land purchase document.
T. Kalaiselvan, Advocate
(Expert) 02 January 2015
Better show the relevant papers to a local lawyer,get his opinion and decide about further course of action. If the property was sold during the minority of your father, what was he doing after attaining majority?, If he has the knowledge of sale of the property very recently i.e., within three years from this date he may try for filing a suit claiming possession.
Devajyoti Barman
(Expert) 02 January 2015
Looks like some local legal practice is involved herein.
Consult local lawyer.
Kul Kaida is not in vogue at this part of India.
Rajendra K Goyal
(Expert) 02 January 2015
Local law applies, consult local lawyer.
ajay sethi
(Expert) 02 January 2015
To gain maximum revenue from the land in India the British rulers introduced three major forms of land settlements namely Zamindari, Raiyatwari and Mahalwari. Under the influence of these systems actual cultivators turned into tenants. These land system created intermediary between the State and the actual tillers of the soil. These intermediaries had no interest in improvement of the land. Against this background intermediary interests were abolished by the Government by framing policy "Land to the tillers" In the Maharashtra under section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 provides compulsory transfer of ownership rights of tenanted lands to the tenants from 1st April 1957 which is known as the "Tillers' Day". There is complete sale and purchase on the tiller’s day. The title of landlord passes immediately to the tenant on the tiller’s day. The tiller who purchased the land under this act is classified as an Occupant Class II. The land of Occupant Class II is heritable but transfer of land is valid subject to fulfilling conditions imposed by the Government
Jyoti V
(Querist) 02 January 2015
We have taken all necessary measures. Just wanted to know if kul kaida is applicable or not on a Minors gifted property. As this property was gifted when he was 2 years old and the land papers were clear.
Kul was applied some years later when this property was sold illegally by his uncle.
T. Kalaiselvan, Advocate
(Expert) 02 January 2015
You are advised to take an opinion from a local lawyer on further issues.
