Relief on sold property
Archana Babu
(Querist) 21 October 2022
This query is : Resolved
My Son-in-Law's father (Party[C]) bought a piece of land from a Party (B), who had previously bought from Party (A), having a minor son.
Now the minor son (Now Major) of Party A is claiming relief against the land owned by Party[C], who is also deceased.
Please clarify whether Party (A) son has right to claim on above property.
Advocate Bhartesh goyal
(Expert) 22 October 2022
It depends on nature of property, if the property was self acquired property of "A" then son of "A" has no right to claim anf if it was ancestral property then son of "A" can claim his share.
kavksatyanarayana
(Expert) 22 October 2022
yes but a little bit in my opinion, if A at the time of executing the sale deed on behalf of his minor son also, and when it was mentioned in the sale deed that for the welfare/health/education of his minor son he sold the property, then the son of A has no right to claim, otherwise, he can claim.
Advocate Bhartesh goyal
(Expert) 22 October 2022
Parents/Guardian can't sold Minor's property without prior permission of court even for welfare of minor.
Dr J C Vashista
(Expert) 23 October 2022
I agree with the expert's advise qua ancestral property of "A" stated to have been sold to "B" who have subsequently sold to "C" (father of your son-in-law).
However, "A" is competent to sell his/ her self-acquired property wherein his/ her son (minor) has no claim, interest, right or title over it.
T. Kalaiselvan, Advocate
(Expert) 23 October 2022
You have not stated the status of the property sold by A to B, if it was ancestral property then the A's son might have had a share in the property if it is coming under Hindu succession Act.
If it was a self acquired or proeprty inherited from his father by A, then the son cannot claim any share in it as a right, the case can be challenged properly based on the evidences in your support
Dr J C Vashista
(Expert) 27 October 2022
Author is silent qua relevant questions raised by experts, why??
