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Boney Thomas   02 April 2022

consulting before filing

Myself Divya (disabled - deaf&dumb) born in Coorg 1984 & my elder sister born 1981, we lost our parents on 1988 and we were minor
1- 1999 my uncle's did a partition deed on some of my dad self acquired (dad purchased) property between us (we both girls still minor) and gave us a very small shares and uncles kept more shares also in d partition deed they signed on behalf of us saying they are guardians -can file to court?
2- 2002 once we both are major my uncle's took us to registrar office & made a signature and sold almost 10 acre of my father however the buyer was not able transfer 2 acre of land to his name due to which this land was granted from govt to my father so there was some restriction to sale and still the land ownership is we both daughter name but remaining 8acre transferred to the buyer name - can file to court? Plz note these 2 question I'm talking about is not same property.Any time limit will affect this case? Since I'm disabled can file to special court? Plz advise


Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     02 April 2022

There is no special concession or exemption of stipulations in the Limitation Act for differently-abled individuals  The facts stated by you are disjointed and you may contact a local advocate and explore a cause of action within such limitation period..

Dr J C Vashista (Advocate)     03 April 2022

Neither any special courts exist nor any special consideration would be granted in favour of differently abled persons.

Both of you can apply and seek partition of the inheiited properties within 3 years of attaining majority.

However, your uncle has no claim, interest, or right in the self acquired properties of your deceased father (his brother).

It will be better to consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.

P. Venu (Advocate)     11 April 2022

As stated, the property belonged to your father. Your uncle had no share in the property. The how come the partition?

So also, he could not have sold the property of the minor without the permission of the Court. You can repudiate the sale within the period of limitation.

The facts posted are incomplete and disjointed. First  of all ascertain the factual situation that further action could be initiated.

No limitation applies if the transactions engineered by your uncle could be shown to be fraudulent.

 


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