• 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 4 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

Dear Client,

Who has acquired the land. which generation ?

Even if his malice is proved, child right to challenge the sale is maintainable. Child age ?

Mother must have knowledge of sale still she not question the sale, her malice shall also be proved.

Show petition ?

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello sir , thier suit does not Stand and is barred by limitation...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. If the land which you bought from your paternal cousin, whose wife and children have filed suit against you, was the self acquired property of your cousin, then your cousin can deal with it in his lifetime in any manner he deems fit, and thus his wife and children have no right in the same. Their right accrues only after your cousin dies.

2. As the wife and children have themselves stated in the suit that the land came to their father by partition, then how can they claim in it is beyond comprehension.

3. the land which your cousin got in partition is his self acquired property and his wife and children cannot claim the same

4. the suit should be dismissed at preliminary stage itself

Yusuf Rampurawala
Advocate, Mumbai
6881 Answers
79 Consultations

5.0 on 5.0

If this 2.5 acres was collectively received by your 3 cousins, pursuant to a partition amongst them and their father, post this partition, they collectively became absolute owner of their joint 2.5 acres so much so that this has to be treated as their acquired property. Hence, they were not required to take the consent from their kids and wives for this sale.

Thus, there's no merit in this case.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

There share is very limited as so many heirs. Provide family tree.

Without court permission, sale of minor property is not valid.

"As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court," a bench of S J Mukhopadhyaya and V Gopala Gowda said.

"Under sub-section (3) of Section 8, disposal of such an immovable property by a natural guardian, in contravention of subsection (1) or subsection (2) of Section 8, is voidable at the instance of the minor or any person clai ..

Read more at:

//economictimes.indiatimes.com/articleshow/26370683.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Suit has to be filed within period of 3 years of attaining majority by the children

2) if it is ancestral property court consent was necessary for sale of minor share in property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Children of cousin can challenge sale deed

Partition deed has to be stamped and registered to be admissible in evidence

It is difficult to prove oral partition

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

See, you need not to worry about anything as this was the transaction where you have bought the land not sold the land.

If they happen to have something, they can’t ask anything from you as you have paid amount to their father.

So, they need to ask for everything from him not by you.

As there is a presumption on your favour to just to inquire a bit about the property not need to go in detail chain of it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

As you rightly opined, it is a collusion between the cousin 1 and his own family members and have come out with this evil design to grab the property by illegal means or by misguiding the court by wrong application of the law.

Since the cousin 1 had acquired this property by a partition, he becomes the absolute owner as far as his share of property is concerned, his children or wife do not have any rights over his share of property in any maner hence their claim for a share in the share of their father's property is not maintainable even if they say that this is ancestral property, because it has been partitioned among the brothers and the character of ancestral extinguished once the property was partitioned in that generation.

Therefore you can challenge their cae on that grounds alone and get it dismissed.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You are properly confusing the experts lawyers here by contradicting your own statement from one post to another.

You said that they have partitioned among themselves in the year 2001 and now you say that the partition was done after sale deed

If it was ancestral property as you confirm, then the children of the sellers have a right for a share in the property out of their father's share in the ancestral properties and they can claim partition at any time, ther is no limitation for that.

If that is the case it cannot be said as collusion between the father and his children.

If there are four children then they will be entitled to one fifth share out of their father's share in the property.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

The court will see their rights in the said property. The court will also see the limitation and knowledge then the matter will proceed to its logical conclusion.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer