Property purchase - tamilnadu
Querist :
Anonymous
(Querist) 20 October 2011
This query is : Resolved
On 17.9.1998, I purchased 1.30 acres of land from Mr.X, Hindu, who had inherited the same from his father through oral partition. Mr.X had a minor son, aged 15 years and 3 daughters (all majors, 1 married and 2 unmarried). Mr.X mentioned in the sale deed that he was selling the land to clear his loans as well as for the education of his son, and the sale deed was signed by him for himself and his minor son, as also signed by Mrs.X (now deceased). The Revenue department has also issued Patta to me on 27.3.2008.
Mr.X is alive today.
Now (in Oct 2011), his 3 daughters are claiming compensation for their share of the land.
I would like to know if :
a. The daughters can claim any interest at all under any law.
b. Even if there is any interest, can it be struck off citing testamentary disposition of property which had taken place before 20/12/2004, as per Hindu Succession Act amended in 2005.
c. Will Article 109 of the Schedule in the Limitation Act (12 years have passed since sale deed) come to my rescue?
Thank you
M.Sheik Mohammed Ali
(Expert) 20 October 2011
yes, as per law, you must before buy the property check the minors rights, because its ancestral property even though if you want buy the land bye court order, because of minors, any way as per limitation act its after 12 years its valid and you will take defense you side, if you can possible to prove witness.
Querist :
Anonymous
(Querist) 20 October 2011
Dear Mr.Sheikh Mohammed Ali,
Thanks for your reply.
The minor is not contesting the sale, the 3 daughters who were majors at the time of sale are wanting compensation for their share after 12 years of sale date.
Thanks once again
Raj Kumar Makkad
(Expert) 20 October 2011
Even if minor is not contesting for his share, even then legally the property of minor without obtaining permission of court cannot be sold. It is your duty to ensure it otherwise it may create a lot of problems for you. This problem is not in case of major daughters if they are ready to sign sale-deed.
Querist :
Anonymous
(Querist) 21 October 2011
Dear Shri. Makkad,
Thank you for your reply.
The property was sold by the minor son's father on 17.9.1998. The father is still alive, mother is no more, she expired in 2004. The minor was 15 on the date of sale. The daughters were all majors on the date of sale, and are claiming their share after 12 years. As per my understanding (which could be wrong), they inherit the property only after the death of the father, which is not the case here.
prabhakar singh
(Expert) 21 October 2011
i view that
1]the property received in partition became person in hand who got it even if before partition it was ancestral.
2]sale dated 17/09/1998 is valid and with in right of a karta of huf,moreover minor was 15
years old at then but he did not elect to sue
in 2001,limitation now expired.
3]your under standing is correct about daughters claim ,i second your opinion.
Querist :
Anonymous
(Querist) 21 October 2011
Thank you Shri.Prabhakar Singhji
KodaiKanal S.Thanuskodi
(Expert) 23 October 2011
Any how Mr.X who had not disclosed his own daughters details and their shares,should settle the compensation and his liablities to solue the issues. you send legal notice to him and than file civil and criminal cases against him.No Liminition till now for action.
Querist :
Anonymous
(Querist) 24 October 2011
Thank you Shri.Thanuskodi
