• Minor rights on ancestral property

My family sold an ancestral agriculture property before 9 years, At the time i was at the age 17 as minor and i remember my name is part of the sale agreement. Does i still have the right on the property? If yes how can i proceed to get my rights on the property. Please can you suggest..Thanks
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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6 Answers

1. Collect the certified copy of the sale deed of the said property from the local Registration office to be sure what has been written therein rather than remembering some thing.

2. After collecting the copy of the said sale deed if you find that your share being a minor was sold by the sellers without taking the approval of the District Judge, then you can file a partition suit claiming your share in the property which was illegally sold when you were a minor.

3. Engage an experienced lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1) kindly clarify on what basis you say property is ancestral

2) if your share in property has been sold court consent is necessary

3) you ought to have moved court within period of 3 years of attaining majority

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Sale of property of minor without permission of court is voidable at the option of the minor .

So a minor can set aside the sale through court of law but such suit is to be filed within 3 years from the date of attaining majority.

Since 9 years has passed therefor I regret you could do nothing.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

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On what basis do you call the property ancestral? If it was ancestral for your parents it may not be ancestral for you. To claim a share you have to prove that it was ancestral in your hands on the date of sale. If you have the documentary evidence to prove this then you may file a suit for declaration of the sale deed as illegal in the civil court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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If there is a minor interest involved in a property that is sold, the seller should have obtained court permission to sell the share of the minor in the property or else the sale can be considered as invalid, illegal and not binding on the minor.

The minor can file a suit for cancellation of sale deed insofar as his share is concerned in the property sold and claim possession of his share, provided he initiates such legal action within three years from the date of becoming major by age or from the date of his knowledge about this.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

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A. As per the law of limitation act, any minor can challenge the Sale transaction which he had interest over the property during the minor under the following grounds.

1. A minor can challenge the property alienation (transfer) within 3 years from the date of majority subject to non availability of Court permission or Kartha transfer with the legal benefit of the minor children.

2. Or the Sale can be challenge with in 12 years from the date of Sale Transaction under the suit for declaration and injunction to claim immovable property.

3. You can file an application under the Section 5 to con donation of delay in the event of non claim of any property within prescribed time subject to satisfaction of delay reason to the Court.

Therefore, you can claim the property under the aforesaid two grounds. It it is very difficult to establish.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

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