• Purchase of flat of ancestral property

Hi, I am planning to buy a flat in Hoskote, Bangalore, the mother deeds shows that the father's ancestral property's is given to 4 sons equally (partition done). The 1st son died , so 1st sons wife and 3rd son sold to another guy without children signature, and it's again sold to another buy , this guy is having joint agreement for development of apartment. 
Can the children claim for the property, since it was sold without their signature, the children were major during the time of sale, shower this was done in 1991, so as per limitation act can they still claim for property
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

if it is ancestral property siganture of children would be required for sale of property

2) claim of children would be barred by limitation as suit ought to have been filed within period of 12 years to claim share in ancestral property

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1.Yes, sale of minor share in proeprty if done without the permission of court is voidable at the option of the minor.

2.Sothe minor on attaining majority can challenge the sale though limitation of its challenge is 3 years.

3.hence it is not advisable to purchase minor's proeprty unless later the minor gives consent in writing about the uch transfer during his minority which you can still do by making him a party to the deed.

4.if they were major then how the sale was done without their signature.Then the sale is itself is invalid.

5.It will be better if you show all the papers to a local lawyer and get his opinion of scrutiny of all papers.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

Claim would be barred by limitation

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Hi, Though the sale transaction was taken place in the year 1991. As the property was the ancestral property so that legal heirs have right over the property and they can claim the property any time. the law of limitation will not come into picture in suit for partition.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

1. On the demise of first son his share devolved on his widow and children. The share of a minor cannot be sold without the permission of the guardian court. So to that extent the sale is illegal, which can be challenged by him on attaining majority within 3 years,

2. Even if the children were major during the sale they can still challenge it if they can prove that sale was done by suppressing it from them.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Since the property was properly partitioned among the four sons, the inheritors shall be the absolute owners of the property.

Now one among the shareholders has since died, his share of property shall devolve among his own legal heirs consisting his wife and children and mother. if she is alive.

if it is reported tht the widow alone sold that share of property, that too without obtaining a registered release deed or a registered GPA deed in her favor, the danger is that the other legal heirs may surface with a partition and injunction suit at a later stage seeking their legitimate share in the property.

Especially in Bengaluru this type of litigation is common and on the rise.There is no limitation for filing partition suit to claim their rightful share by the respective share in the property.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Sir, since the sale was done in 1991, during thatvtim

For filing partition suit there is no time limit, it can be filed anytime during the lifetime of the shareholder if he is alive or by his legal heirs after his demise.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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