Sir, I brought 35 guntas (Agricultural land) of ancestral property from "A" 12 years back. After 5years of furchase his sisters file a case and got settled in lok adalat . All sister and his mother singned at court. And "A" is ex_party. Now his children filed case on property .At time of purchase they are minors Pl advice
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Out two one is still minor
Hello,
1) In order to sell ancestral property where the minor has a right, the seller must seek permission of the court. As the sale must have been done without such approval the sale can be challenged.
2) The look adalat settlement has no bearing on the current case.
3) You will need to get approval from the court on behalf of the one who is still a minor and settle the matter with the one who filled the present suit. Seek out A and add him a party in the suit.
1) what basis you say property is ancestral?
2) for sale of minor share in property court permission is required
3) if no permission obtained minor can move court within period of 3 years of attaining majority challenging sale of property
Sir thank u 1.property belongs to grand father of the seller.property transffered his name after death of his father. 2.out of two plaintiffs ones age is 23 and others is 16. Pl advice what share they eligible.
1) it is not ancestral property . it is self acquired property of grand father and on his demise devolved on father
2) minor grand sons have no share in the property .
Sir. Thank u, 1. Property belong to grand father(he also acquired from his father) of seller.after the death of grand father seller father got khatha and death of father of seller got khatha in his name from him i purchesed the property in 2002. 2.he was having two sisters and they claimed for Share and it is settled at lok adalt and sellers mother also singned. Got there share settled. 3.now sellers children one is 23 years and others 16 Claiming(great grand children of property ) 4. If there is right how much share in this perticular property.
Sir. Thank u, 1. Property belong to grand father(he also acquired from his father) of seller.after the death of grand father seller father got khatha and death of father of seller got khatha in his name from him i purchesed the property in 2002. 2.he was having two sisters and they claimed for Share and it is settled at lok adalt and sellers mother also singned. Got there share settled. 3.now sellers children one is 23 years and others 16 Claiming(great grand children of property ) 4. If there is right how much share in this perticular property.
1) it is ancestral property if property was standing in name of great grand father
2) grandson could not sell his children share in property without court consent
3) on attaining majority they can move court within period of 3 years
1. How can ancestral property be bought by you? Ancestral property can only be inherited and not bought.
2. Whether the legal heirs of A had entered into a settlement deed with him?
3. Is A alive?
1. Since the property is traceable from the great grandfather of the seller it is ancestral in nature.
2. Ancestral property cannot be sold unless all the share holders have consented to the sale and such consent is reduced to writing.
3. You should have verified the antecedent title of the property before purchasing it.
4. The children of A have an indefeasible share in the property unless they executed a deed of relinquishment.
1. A may not be in the case at this stage, but this does not prejudice the claim of his children against you.
2. You have purchased the property, so you have a substantial interest in the outcome of the case in as much as if the court rules in favour of A you will be uprooted from the property.
1. The children of seller were, it seems from your query, not a party to the settlement which took place in the court. So their claim is not barred under the law.
2. You can contest the claim of seller's children as your proprietary interests are at stake.
Thank u sir, 1.ok it ancestral property. 2. 2002 At the time purchase seller was only son of deceased father and only legal heir 3.In 2004 equal rights to daughters come , two sisters of seller moved court claiming 1/4 of the property making her mother also a party and got settled with all the three .the seller as ex-patry. 4.now tow minor children of seller moved to court and seller is alive. minors was ignored because his father executed sale deed mentioning that minors have no rights. If any problem comes it will be resolved by him. 5.now one son is 23 years and cross the limit of three year to claim. Onther is daughter age is 16. Pl tell me how much share they are eligible in this property.and my share in the property.
1) you have stated that 2 minor sons of sellers have moved court
2) since prior court consent was not taken at time of sale of their share they have right to claim their share in property .
3) ask the seller to settle their claim as in sale deed he has agreed to indemnify you againt all legal claims made by any party
4) the share of minors would depend upon the number of legal heirs for the property
1. The minority of the seller's children did not deprive them of their rights. You should have got the sale deed vetted from your lawyer before the sale.
2. The share of the children of the seller is equal to the share of the seller.
3. The share minus the share of the children is what you may get.
4. You do have the option of contesting the claim filed by them.