• Minor's interest on ancestral property

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
Asked 1 year ago in Civil Law from Ramanagaram, Karnataka
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.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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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 

Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
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 . 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
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?
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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