Yes if the minor was legal heir and courts permission was not taken under guardian and wards Act then it's illegal and can be a issue
Unnecessary trouble by neighbor land owner
My Father was purchase 2 acre land from X person in 52 years ago(1968) .Govt Registartion done during the time of purchase in our town registration office. My Father is no more now and sold X person also no More alive. The property khatha transferred to me as Pouthi Khatha in 2015 as i am only one son my father. We are cultivating the land from day of Registartion done from 52 years to till date.. Now Problem is that X person had 3 children's (Sons), out of that First Son was 10 years old during we purchase the land (Now his age aprox 60 years) and second and third sons were not born during. Now the First son simply making troubles when we go to our agriculture land to do activities almost everyday and He says "I am not signed for this sale deed during Registartion and this property also belongs to me" He troubling us from past 6 months ,all these 52 years we did not have troubles from him They are 3 peoples and i am alone fighting and arguing with them is difficult for me. I have below listed originals with me for this land. 1. Original sale deed which we purchased on agust 1968. 2. RTC in my name from 2015 and in the name of my father from 1968 to 2015. 3. Khatha transferred certificate from my father in to me. 4 Sketch copy and pood nakase copy. 5. EC from past 60 years and there clear record Registartion done on 68 Now How Can I stop their troubles ?. What is the immediate solution for this problem? Is there any chance this property can also belongs to his first son because of not signed during his minor hild hood ? many thanks.
Asked 4 years ago in Property Law
Religion: Hindu
15 Answers
Arguing unnecessarily, fighting is criminal offence. In case they have any claim, they can take legal recourse as the same is a dispute of civil nature. But problem is that they don't have any documents and they are instigating you to react either by taking criminal action or civil action. They want you to be offensive but you have to be defensive. Ask them to take action legally in case they have any claim as the same cannot be decided mutually. Don't show them any documents. In case they approach the police, ask the police that the dispute is of civil nature and in case they have any claim it by due process of law. Don't show documents to the police also. Be bold, be defensive and fight it as you have a good case and even otherwise you have become the owner by adverse possession for the last 52 years. Good luck.
First file a GD in your local ps. File a case under section 107, 144 of the crpc .
He should have filed suit within 3 years of attaining majority to set aside sale deed
since no suit was filed son claims is barred by limitation
1. See in case they trouble you file a police complaint against them, ask them to go to court in case they need any relief. See for this harassment police complaint is only way out.
2. Property belongs to you as same is purchased vide registered sale deed and seller who was the owner of land had transferred same. Even in case their was any share of minor he has no filed any suit for all these years after he is major so now it barred by limitation also.
1. If X had sold the land to your father through a registered sale deed then and then only the title passed to your father, but if there is no registered sale deed then the fact that you are cultivating the land for 52 years gives you only a possessory title.
2. The children of X had no share in the land during the lifetime of X. X was thus free to sell his land to anyone.
3. Let them go to court and file a suit for declaration of the sale deed as void, and you can contest it fittingly.
Please approach Civil Court for temporary injunction against all your opponents under Order 39 and section 151 of C P C 1908 till final title and interest is decided by the Court.
1. If property was standing in sold name of X, THEN Property sold by X, via a registered sale deed, is perfectly legal & binding on all his legal heirs & assignee's without any further legal references or subsequent claims by ANYBODY in future. This is the law.
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
File FIR against him. His claim is wrong, he has no say in the land neither his signatures were required.
Immediately file FIR. None have any right
no need worry, he cannot claim his case is not maintainable. if again he is harrasing you lodge police complaint against him.
You can file a suit for permanent injunction against the intruder restraining him from interfering in your possession and enjoyment of the property.
The registered title document and other relevant documents held in your possession are your strength.
You can even give a police complaint against the nuisance creator for his illegal threats and activities thereon.
Consult a local advocate and proceed as suggested.
He has no rights over the property.
Dear Sir,
You suggested to file the police complaint against the said person/son of X. By no means today, the property belong to him. .
1. You can file suit for permanent injunction against that person for stop interfering in your access to your land also tell them that you are going to lodge FIR against them if they stop you from accessing your land.
2. If you don't want to file suit then you can ask him to file suit in court for claiming his share and stop troubling you for that.
3. That person cannot claim any share from that property even if it was ancestral property even then his claim is time barred because he never filed any suit to claim his share after he turned 18.
- As per law, after the death of a person , his property would be devolved upon his legal hairs , and during his life time none has any right to claim over the said property.
- Since, your father had purchased the said land from X , when he was alive and not dead , and legally he was having his right over the said property and to sell the same to your father .
- Further , after passing a long gap of more than 12 years , the legal heirs of X are having no right left over the said land in your possession and occupation legally with the above mentioned documents and supports.
- You should file a Permanent Injunction suit before the court for restraining them from entering and disturbing you possession .
- As per the information mentioned in the present query, makes it clear that your father had the valid registration and sale deed in his favour and the same has now come to you by default as per law too.
- I would like to apprise you that there has been a three years limitation period to challenge any sale deed as per Limitation Period Act.
- And also even if he claims to be the anscestral property of his decreased father then also to claim is right he should have done within the period of 20 years not now at all.