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Ramana Murthy (Engineer)     12 November 2013

Legal opinion on inherited property

Hi Experts,

Would like to know  inputs on children rights on inherited property.

""A" had inherited an agriculture land from his father in karnataka and "A" had a son & daughter. "A" had sold the land to "B" in 1995 with his wife and son signing the sale deed as witness. B had divided the property into multiple sub units and sold one of the unit to "C" in 1996.  Now is it safe for me to purchase the property from "C"? Will daughter of "A" still have any right to claim a share in the property after close to 17 years?

Regards,
 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     12 November 2013

If it was an ancestral property, the children of A also have coparcenery rights by birth in the property, suppose the property was sold by A during the minority of his children without obtaining permission from court of law and that too sold the property on his own not mentioning that he is selling the same on behalf of his minor children for their educational or future benefits as their natural guardian, the said sale can be considered as invalid.  As you say that its around 17 years of time that has passed after the said sale and since A's son himself has signed as a witness, proceed with the purchase.


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