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nandeesh (sr. execituive process)     20 July 2013

Minor son rights from mothers owned ancestral property

Respected sir,

My mother and her sisiter bought the ancestral property in 1994 in that my mother utilised the fund  with my death compenastion of my father

she sold the property to her sister itself in 1997 stating in the sale deeds natural guardian Of mine

1. Iam only one son to my mother when she selling the property in 1997 my exact age is 17 yrs 6  moths old

2. She sold the property without my signature

3. Without the court orders 

Ow iam 33 can I file the suit 

some of my friend said there is  a time limit that minor can question when she attains majority after 3 years 

now almost 16 years over 



Learning

 18 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     21 July 2013

Your question is not clearly made out. Please put your query properly.

nandeesh (sr. execituive process)     22 July 2013

 

Modify


Dear sir, 1.Do I have legal rights in my mothers owned party which bought in 1995 which with bought by my fathers death compensation at 1993 (1.5 lakhs )

          2.she got the property -( my mothers father after death the property came to there legal children ) 3 male and 5 female .So all 8 children's decided to sell the property within there 8 members so my mother and younger sister decided to purchase and finally it is partioned. all 3 male children's 1 lakh each other and 5 female + mother. 50 thousand each so totally  5.5 laks so my mothers and my younger sister paid to all and she got the property by dividing it  by mother utilised mt fathers death compensation.

3. My mother  sold the property to her sister itself  at 1997 may my age is 17  years  6 months

4 . My mothers sister made a joint venture to the developer by stating the sale deed that  half property purchased from  my mother and putting my name


nandeesh (sr. execituive process)     22 July 2013

Dear sir,

this is a family nibulus property

1.1995 my mother purchased half of the ancestrol property by my fathers death compensation government

2.another half purchased by my mothers sister

3. 1997 my mother sold the property to the sister itself stating that iam the natural guardian of the son .. Minor 17 years old

4. At that time no signature taken from me and no deposits showm and without the court order

5. My question is that

     While selling the property iam 17 yrs old minor now my age is 33 years if limitation is there for 3 yrs after attaining majority due to family nibulus property whether I have claims in it

please advise

Dr. Jyothi Vishwanath (Associate Professor of Law)     23 July 2013

After father's death, your mother is karta of the family and your gaurdian too. So she acted in the best way she could. Now you cannot challenge such an act after so many years. It is time barred.   

nandeesh (sr. execituive process)     23 July 2013

Respected sir,

First I thank you for your valuable legal advise sir

My doubt

when my mother selling the property in 1995 iam only one son no sisters my age at that time 17 year 6 months old , no signature /no depost made 

the property is in bangalore I finishe my higher education and graduation in chennai I have a own flat and my election id whether I can file in this way KNOWLEDGE OF SALE 

i don't know about the property sold I got the knowledge from when I went to Bangalore this week to my mothers brother ( uncle ) death/ if I file the suit that I got the knowledge of sold the property  so I pray to the court to partition of my mother property 

is it possible like this to file the  family nibulus property

 

Please advise

Dr. Jyothi Vishwanath (Associate Professor of Law)     23 July 2013

Even if you file like this, if the mother's sister has already further transferred the property, then it will be difficult for you to trace the property.

Certain questions will arise here. Is the property still with your mother's sister? When she was purchasing your mother's property, was she not aware of your claims in the property? if she was aware about your rights and still purchased the property and the property is still with her, then your claim becomes stronger in the court.

All this you have to find out before proceeding to file a civil suit as such suit involves lots of court fees and time. Since the property is situated in bangalore, the jurisdiction too lies in Bangalore. 

nandeesh (sr. execituive process)     23 July 2013

Respected madam, The sold property still within the hands of my mothers sister And at 2011 she made a joint venture with the developer / with the JD they are building the apartments Madam my question arises when I saw the JD agreement my mother sister stated in that sale agreement Smt my susheela and along with her son Nandeesh has jointly registered the half of the property How she can put my name in the agreement without my signature and not even deposit and not even court agreement in which my mother bought the property in 1994 with my father death compensation And whether I can get stay in the court Pls advise if any clause is there to claim the property Please give ur valuable ideas Nandeesh

Dr. Jyothi Vishwanath (Associate Professor of Law)     23 July 2013

You have to immediately file a suit for setting aside of the sale and injunction order for prohibiting the development of apartments. All depends how your advocate handles the case.  

nandeesh (sr. execituive process)     23 July 2013

Respected madam My humble request Please refer well known lawyer in Bangalore

Dr. Jyothi Vishwanath (Associate Professor of Law)     23 July 2013

Mr.Rajashekhar is a good civil lawyer known to me in Bangalore. His contact number is 9845643696. If you want to approach him, inform me. I will put a word to him.    

nandeesh (sr. execituive process)     23 July 2013

Respected madam, Thankyou for ur kind help Madam I will meet him within this week My name Nandeesh Contact number 9845626467 Can I know which part of Bangalore Mr.Rajashekar is

Dr. Jyothi Vishwanath (Associate Professor of Law)     23 July 2013

Well known lawyer you find yourself. I can only tell the lawyer who is reliable, hardworking and work sincerely on your case. 

nandeesh (sr. execituive process)     23 July 2013

Respected madam Pl discuss with him Iam having all set of documents carbon copies and today I applied all certified copies I will get it on friday iI will meet him with all certified documents My last doubt Without sending notice to my mothers sister and my mother and the developer Directly I can go for filing the suit and getting the injection

Dr. Jyothi Vishwanath (Associate Professor of Law)     23 July 2013

Legal notice will be good. ANything you can do. May be by serving legal notice, they may agree to settle problem out of court. 


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