- A minor can claim provision after attaining majority but only to the extent of his share. the share of father is not affected by the suit of minor.
- The property is pending suit filed in 2006. The suit filed is time barred, if it can be proved that suit is out of limitation, suit will be dismissed. Limitation filing suit is up to one year from attaining majority. Check for that.
- If the suit is within limitation. Minor can recover property only to the extent of his share in the property.
- Transactions subsequent to suit may not be valid depending of facts of the case which are not sufficient to provide appropriate advice.
Ancestral property claim by grandchildren after 25 years
Hi, My father had bought a property in 1980 from brothers A & B whose father Z dead. Now B had 5 children of which 1 major and 4 minor. Major has signed the deed but in case of 4 minors, Person B only acted as Gurudian and is mentioned clearly in the deed ( But court permission was not taken). Similarly in case of brother A had 3 children’s all were minor and A acted as gurdian in registered sale deed. 1. Can minor claim land back though they were represented as gurdian by parents A & B. 2. One of Minor child who attained major has filed suit claiming it’s ancestral property and it should be partitioned among the children’s of A & B in 2006 after 25 years and they had attained majority in 1990 itself. 3. Does case have any stand ? 4. Case is still pending also the land is inturn sold to 3 peoples in different yers of which we bought some portion of it in 2000 after it was converted to non agricultural land in 1996 by 2nd person who bought it.
Asked 3 years ago in Property Law
Religion: Hindu
12 Answers
Suit to set aside sale ought to have been filed by minors within 3 years of attaining majority
if it was not done claim is barred by limitation
in your written statement take the plea that claim is barred by limitation and it is not ancestral property
burden of proof is upon plaintiff to prove it was ancestral property
Dear Sir/ Ma'am,
1. Minor can claim share once they attain majority and not before that.
2. The suit won't be maintainable since they have passed the limitation period, which is one year after the attainment of majority.
3. The case will have a stand if the suit is filed within the limitation period.
Thank You.
the minors have to challenge the sale within 3 years of attaining majority
in your case the minor attained majority in 1990
so he could have challenged the sale at the max till end of 1993
how suit is filed in 2006 which is clearly time barred
the suit will fail
please take out an application under order 7 rule 11 clause (d) for rejection of plaint
1. If permission of court was not taken before representing it will be illegal
3. It will stand on point no 1
If you need any further assistance then you can approach me through kaanoon or LinkedIn.
Hi, —> If permission of court was not taken before representing it will be illegal 1. Above point is it valid even after attainment of 18 years and not filing case within 3 year time period? 2. Even after parents have represented them as gurdians?
Asked 3 years ago
The time period starts from the minor attaining majority and having knowledge
If a minor's property is being deal with, the guardian has to take court permission
Otherwise the sale is voidable by the minor and not void
There is a difference between void and voidable
In case a minor's property is sold without court permission then the minor can avoid such sale on attaining majority. This is called voidable sale.
However the minor has to avoid the sale within the limitation period which is within 3 years of attaining majority
Guardians do not have any absolute right to sell a minor's property. So if a minor challenges the sale by a guardian on attaining majority within the limitation period, then the buyer cannot say that the minor was represented by a guardian.
Dear client,
No, the case will not stand valid even after the attainment of 18 years and not filing the case within the limitation period and having the parents represent them as guardians.
Thank you.
Claim is barred by limitation as suit not filed within period of 3 years of attaining majority
- As per law , if A & B were the legal heirs of Z , then after the death of Z both were having right to sell the property to your father , and their children cannot claim the share in the property .
1. No.
2. The limitation period of claiming the share in the property by the minor is 3 years from the date of becoming major.
3. Not maintainable
1. If the property do not fall under the category of ancestral proeprty, then there is no necessity to include the children as joint sellers neither their fathers need to sign on behalf if the minor children as guardians of their minor children, hence if the property was inherited by A and B from their father by partition, then it becomes their own and absolute proeprty, therefore the fact of not obtaining signatures or permission from court over the minor's share in the properties would not arise.
2. The suit has to be challenged accordingly keeping the above points in view.
3. Without knowing the exact nature of the property it would not be proper to render any advise to this question.
4. If you had purchased the property at the time of pending litigation knowing well about the pendency of a civil suit on the property, then you may have to participate in the civil litigation as a necessary party to defend your interests.
If it was an ancestral property then the sellers should have obtained permission from court to sell the share of property belonging to the minor shareholders.