1.Now, I am 75 years old when I was minor my father and my elder brothers purchased a property in 1951 in the name of my father and my brothers and in my name as minor. Later the same property on same date sold to third party. After 2 years my brothers purchased the same property and got it registered in their names when i was minor.There is no partition deed is executed among us. Do I have right over the property purchased by brothers when I was Minor, which had been sold when I was Minor and same property purchased and got registered in their names without my name? 2.When I was minor in 1953 one property purchased by father and registered in my father name and in my name my father as natural guardian. My elder brother sold the property after my father expired as guardian of me as i was minor. The same property purchased by brother in the joint name my brother and his wife in 1962. Do i have claim in the same property? Thanks for your advice in advance.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Since no contribution made by you in purchase of property, you had no share and even if there was any share, the same is dead by passage of time. Barred by limitation.
Property which was sold by brothers, in that you had equal share but now that claim also barred by limitation.
1. If it was purchased by the brothers after it was sold by your legal guardian you have no right in same.
2. See now no claim.on same can be filed and no suit is maintainable you have no.right also claim is barred by limitation.
You have no rights on property which was bought and sold in your name after period of 75 years
your claim would be barred by limitation
Above properties are still in our brothers name. No partition deed has been executed in the family. My share of property sold by my brothers and same property purchased again by them in their own name.
See they have sold as legal guardian and purchased in personal capacity even after you were major you didnot take objection or file suit on same so firstly it is barred by limitation itself.
you could have demand share on becoming major. Sale cannot be challenge now, and partition suit limitation is 12 years.
There are prescribed time in law to file some suit.
Frankly any suit filed by you would be barred by limitation
you ought to have filed suit within period of 3 years of attuning majority to set aside sale deed
Sir, All transactions happened when I was Minor and I had no idea of all the transactions and when they refused to divide the property to me then I came to know the truth . I was under the impression that property is in my brother name after father had expired. Now can I claim a share in the property.
You could have claim with in 3 (cancellation of sale) and 12 (partition) years when you was 18 years old.
1. You have all the right over all the properties which was sold by your father and siblings, when you were a minor.
2. In view of your brothers' buying the same property, out of the proceeds obtained from the previous transaction, in which your name was there as minor, you are entitled to claim an equal share in the property.
3. However, due to limitation coming to the picture, it's advisable to get it mutually sorted out.
You can file suit to set aside sale deed but chances of success are bleak
Yes you need to claim the same by stating that you just now got the knowledge about the same. Being minor also you were having share in the same
You should have fought over the issue asking for partition and your share in the property which was sold during your minority by age within three years from the date of becoming major by age.
Now at this age of 75 years, it is very badly barred by limitation.
The answer for your second question also is the same one what has been given above.
Since the properties are purchased on their names they have clear and marketable title to the properties.
The question of a claim for your share at this stage stating that the property was sold during your minority will not be maintainable either in law or in facts.
What were you doing from your age of 18 till the age of 75 years.
You cannot take any legal action in this regard in the name of retrieval of your share in it at this very belated stage.
Since your claim is barred by limitation you may not be able to file any suit at this stage for any relief towards your share in the property especially when the title is registered on your brother's name.
as per your enquiry I will give you advise that if a person know the all fact and the ownership of the other person and he never claim his right over the property and after 50 years he claims then he has no right to claim because it would be out of limitation period
See you can try by filling suit can seek condonation of delay though it is legally purchased so there are less chances of favourable orders.
No you cannot claim any share in these properties now because of limitation to file suit.
