1) minor sons would not have any claim on the property

2) they ought to have filed suit to set aside sale deed within period of 3 years of attaining majority

1. The transfer of minor's property is voidable unless its permitted by court. However its to be challenged bh minor within three years from date of attaining his majority. In your case after so many years ni such challenge is maintainable anymore.

2. So you can proceed to buy this property. However since i have not seen the title deeds i can't comment whether its title is clean overall or not.

Hello,

It should be challenged by the minor within 3 years from the date of obtaining the majority, so any challenge now will not be maintainable.

You can proceed to buy the property, it is advised that before buying the said property you get the title report from the office of the registrar through some local advocate.

Regards

1. Minors properties can not be dealt with or sold without taking written approval of the local District Judge since District Judge is the trustee of all the minors' properties falling in his jurisdiction.

2. The said minors can file a suit claiming that they came to know about the illegal sale of their properties when they were minors and as soon as they have come to know, they have approached the court for remedy and justice.

If Karta of the Hindu undivided family has sold out ancestral property for the purpose of legal necessity then coparceners cannot challenge that Transfer of Property.In your case the period of limitation for challenging the sale deed has left. At this stage if coparceners want to challenge the sale deed they have to gift reasonable explanation before the court about delay in filing civil suit. In your case it is a hypothetical question that coparceners can challenge the sale deed.

Hi

1) Many a times in cases similar to yours, there is always a divergence of view(s) on whether Article 60 (3 years limitation) or Article 109(12 years limitation) is applicable and hence we should decide on the applicability of relevant Section after a full reading of the partition deed, sale deed in the year 1974 etc.

2) Let us assume in a worst case scenario, Article 109(12 years) is applicable to your case and let us examine its applicability in your case.

a) It is a general rule that the minor sons if they choose to contest the sale executed by their father, they must approach the courts with a prayer to set aside the transaction within twelve years from the date of alienee (buyer) taking possession of property vide Article 109 of Limitation Act.

Opinion:

A bare perusal of your query reveals that it is crystal clear that the builder has purchased from the seller who in turn purchased from the Kartha (father , 2 minor sons) in the year 1974 and as such 1974 is the year to be considered as the reckoning date.

The date on which the present builder purchased from the seller is irrelevant in the given case.

So the Minor sons who are now majors should have ideally filed the suit for setting aside the sale deed with in 12 years from the date of alienation (1974+12 years=1986).

Even Assuming the Minor sons take umbrage in fact of they coming to knowledge of sale within 12 years from the date they attaining majority(1992+12=2004), they should have filed the suit at the latest by 2004.

So assuming no suit has been filed by the sons on or before 2004, the builder's title has attained finality and hence the builder has clear title and ownership.

Hope this information is useful.

The law on this is that it should be within 3 years from the date of becoming major or from the date of knowledge of the sale of the property involving minor interest.

The heir who turned major can claim within three years from the date of becoming a major by age or within three years from the date of such knowledge that his share of property was sold during his minority.