Minor's interest in ancestral property
Querist :
Anonymous
(Querist) 20 October 2011
This query is : Resolved
On 11.10.1999, I purchased 3.16 acres of agricultural land from Mr.X and Mr.Y, Hindus, who jointly owned the property. They acquired the rights to the property based on oral partition by their father Mr.Z. Mr.X had 1 major son and 3 major daughters, Mr.Y had 1 major daughter, 1 minor daughter (15 years on date of sale) and 1 minor son (12 years on date of sale).
The sale deed was signed by Mr.X, Mr.Z, Mrs.X, Mrs.Y & Mr.Y for himself and his minors, and all major children, as well as by Mr.R who was the third son of Mr.Z who had no claims on this property since he was given a different property by Mr.Z. (He was a consenting witness).
All except Mr.Z are still alive today. Now, in Oct 2011, Mr.Y's minor children are asking for compensation for their share.
The Revenue Department has issued Patta for this land on 27.3.2008. The property is in Tamil Nadu.
My queries :
1. Do Mr.Y's children (now majors aged 27 and 24 respectively) have any right of claim?
2. Even if they have right of claim, will the same be inadmissible under Article 60 of Schedule of Limitation Act?
Thank you
Raj Kumar Makkad
(Expert) 20 October 2011
1. Yes. They are due co-sharers in the property as sale deed was also executed in their names as well as they are legal heirs of their deceased parents.
2. No. The right of co-sharer to claim cannot be defeated under limitation act.
Querist :
Anonymous
(Querist) 21 October 2011
Dear Shri.Makkad,
Thank you for your reply. The parents are not deceased. Mr.Y is alive today, the property was sold to me on 11.10.1999. Mr.Y's children were minors on the date of sale (12 and 15 respectively). May I request you to please reply with this perspective?
prabhakar singh
(Expert) 21 October 2011
Why are you improving facts from one query to next query.
Querist :
Anonymous
(Querist) 21 October 2011
Dear Sir,
I am sorry if there has been any confusion. In my first query I had said that "All except Mr.Z (the grandfather of the minors) are alive today". I humbly submit that the facts are still the same. I am sorry for any lack of clarity in my communication.
Thank you
Querist :
Anonymous
(Querist) 24 October 2011
Dear Shri.Barman,
My other thread was for a different property, and the question there was about 3 major daughters.
This is purely regarding minors (15 and 12) at the time of sale (11.10.1999) who are now majors of ages 27 and 24.
I wanted to know that if Limitation Law Article 60 could be used against their claim.
Thanking you in anticipation and sorry for any confusion.
