Partition and selling minor property without concent.
Dear Sir,
I bought agricultural land admeasuring 2.5 Acres from my 3 paternal cousins(Second Cousins - Lets say cousin1, cousin2, cousin3) in 2002 , it was their ancestral agricultural land.
The purchase was done thru a duly stamped and registered sale deed on which all 3 cousins signed( April 2002)
Later in 2011 wife of cousin1 and his 4 children filed a suit ( Regular Civil Suit) in the court where they've stated that their father has sold it without their knowledge and he wants to reclaim it.
They've also mentioned that at the time of the sale they were minor and now they have become major so limitation is not applicable to them and his wife is the guardian of their 4 children.
They've also mentioned in the suit that they had a partition amongst their father and his brothers i.e. my 3 cousins in 2001 and the land that was sold (2.5 Acres mentioned above ) has been allotted to their father in the said partition.
The cousin1 and his wife and children have now conspired to reclaim the land with malicious intent by fraudulent means.
What is the merit of the case?
Thanks.
Regards,
CM
Asked 6 years ago in Property Law
Religion: Hindu
Dear Sir,
There is no doubt that the land is ancestral , it was acquired by great great great grandfather of my cousins.
My question is regarding the right of children of only cousin1.
When the sale deed was signed by all 3 , can the children of cousin1 challenge the sale deed.
Also even though they are claiming a partition in reality there was no partition at the time of sale deed and the partition is not duly stamped and registered.
The partition deed was later created back dated.
If the children of cousin1 have a calim on this land how much share do they have ? Other Cousins also having 3 children each.
Children age in 2011 -
1) 20 Years
2) 16 Years
3) 12 Years
4) 9 Years
Asked 6 years ago