Land money issue
Guest
(Querist) 23 October 2013
This query is : Resolved
sir, my friend's wife sold her land 6 years before when she was 18 and its money of 10 lakhs was
given to her mother in her bank account. after their marriage her mother tells she wont give the money to her back again.her mother is a housewife,younger brother is just 17 yrs, no there is no way of income to that family.ration card is issued BPL.her father expired 14 yrs ago. and no one in home. is there any chance for return of money?
ajay sethi
(Expert) 23 October 2013
land was standing in name of the minor? was permission of court obtained before sale of land?
Guest
(Querist) 23 October 2013
land was her fathers family property. as a part of partition she and her brother got two divisions. as she become 18 land was sold to another person in a sub registar office. no court permission took.
Nadeem Qureshi
(Expert) 23 October 2013
is there any proof of money to deposit with her mother or not?
if not send a legal notice to her & after that file a civil suit before civil court if she wants to recover the money from her mother.
Advocate M.Bhadra
(Expert) 23 October 2013
No need to Court's permission, but without any proof and after passing many years it is difficult to recovery of money.
The Indian Majority Act, 1875
SEC.3 Age of majority of persons domiciled in India .
Subject as aforesaid, every minor of whose person or property, or both, a guardian, other than a guardian for a suit within the meaning of 1[Chapter XXXI of the Code of Civil Procedure], has been or shall be appointed or declared by any Court as Justice before the minor has attained the age of eighteen years, and every minor of whose property the superintendence has been or shall be assumed by any Court of Wards before the minor has attained that age shall, notwithstanding anything contained in the Indian Succession Act or in any other enactment, be deemed to have attained his majority when he shall have completed his age of twenty-one years and not before.
Subject as aforesaid every other person domiciled in India shall be deemed to have attained his majority when he shall have completed his age of eighteen years and not before.
1. Now see relevant provision in Code of Civil Procedure 1908.
Rajendra K Goyal
(Expert) 23 October 2013
Find out where the money is kept by her mother and move to court for attachment of money pending suit.
Guest
(Querist) 23 October 2013
the money is deposited in co operative bank in her mothers account. can it be freezed until the final judgement of court. but there is no written proof or pronote or anything like that.so how can they prove if her mother is defending.
ABDUL RAZIQUE
(Expert) 23 October 2013
without any proof it is impossible to fulfill your desire. the ld court award judgement or order upon evidence.
