LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gokul (Manager Marketing)     15 November 2011

Dispute by children on a sold property

Sir, A person named X has divided all his properties (all purchased by him) between him and his two sons (he has only two sons) through a Partition Deed which is registered. The second son (seller) has two minor daughters and I have purchased a land from him. He has land at different locations and all received through the above partition. Whether the minor girls have right in the property as all the properties are divided by X himself and yet he is alive? If the minor girls have a right the seller also has a right over 1/3rd of the total property given to him and this land sold to me comes around 1/3rd of the total area. So is the sale correct, as no other land is sold by him? Or he has only 1/3rd right in every individual land, so the minor girls can also claim rights in this piece of land. Further, in the sale deed the seller has signed for himself and as a guardian for his 2 minor daughters. I have divided the sale amount into three equal halves, paid his share by cash and made two Fixed Deposits in the names of minor children separately and gave the certificates also to him. The FD amount and certificate details are also mentioned in the sale deed. This is registered in Tamil Nadu. Now whether the minor daughters can challenge in the court and get back my property.


Learning

 4 Replies

Advocate Vishnu (Advocate)     15 November 2011

Dear Gokul,

If X being a Hindu , bought property from his savings( self acquired), he can transfer the property to anybody he wishes to. In your case he has partitioned his property and has  given to his sons .The sons derive absolute title on this property and the legal heirs have no right on the same .

In your case, the seller has even taken consideration(money) on behalf of the minors which is valid if there is a legal necessity.( if the minors on attaining majority claim the property was bought from  money out of joint family property or business)

Hence from the facts stated above you have clear title on the property you have purchased.

adv. rajeev ( rajoo ) (practicing advocate)     16 November 2011

Minors dont have any share in the properties bhecause it is not an ancestral property of their grand father.

1 Like

Rajeev Kumar (Lawyer/Advocate)     16 November 2011

The property was not the ancestral property of grandfather so the minors haven't any share in the property
1 Like

Bharatkumar (ADVOCATE )     16 November 2011

Mr. Rajoo is right.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register