• Minor property sold

My great grandmother registered a will in 1991 in which half of the share is written on my name and my father as guardian and other half on the name of 3 sons of my fathers elder brother(late at the time of will preparation) so her only daughter(my grandmother) as guardian to them.My father and his mother were given enjoyment rights until we become majors and no rights to sell the property but all property including mine was sold by my grandmother and registered to many parties by attesting her signature. In year 2004 youngest of the 3 brothers filed a suit as he was about to complete 21 years of age and gave notices to all the parties and brought injunction order from court. In 2013 my father passed away and i recently received court notice from him as i am also a major share holder. I am 33 years old now. Can i file counter and fight the case? Please help me with your valuable advice and suggestions.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) suit to set aside sale should have been filed by you within 3 years of attaining majority

2) property of minor can only be sold with court consent

3) since you did not file suit to challenge sale within period of 3 years of attaining majority you cannot file any case now

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Yes, you can appear and fight the case.

2.Do note that trasnfer of minor's proeprty withput the permission of court is not legal.

3.hence the minors on attaining the majority can challenge such sale deeds which will be set aside.

4.Since cases are filed you will have to contest the same on merit.

5. Since the contents of the cases are not known to me I can not advise further.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

if property was sold wrongly by grandmother you should have within 3 years of attaining majority challenged the sale

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

In 2013 my father passed away and i recently received court notice from him as i am also a major share holder. I am 33 years old now. Can i file counter and fight the case? Please help me with your valuable advice and suggestions.

Since your brothers are fighting to claim their own shares in the property and have impleaded you as one of the defendant since your are also entitled to a share in the properties that are sought to be partitioned, it is a situation beneficial to you.

you may file a memo submitting to the decree prayed by the plaintiff and also pay court fee for counter claim seeking your share in the property without filing a separate suit for partition and separate possession of your share in the property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1) my late father(died in 2013) who was my guardian didn't sell the land. It was sold by my grandmother(fathers mother).I am 33 years old now can I contest the case as a response to notice received from my cousin brother. Please help me with your opinions.

The property on your name was sold by some person without your knowledge during your minority and this was known to you only recently hence you can contest the same.

If you are aware of this selling since long ago, then you may be barred by limitation, however in your counter claim you may state that you came to know about this only recently especially after receiving the summons from court in this regard.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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