As per limitations act he can't file case and may deny his claim.

Kindly forward all date of transaction and his age accordingly 

See first thing that need to be seen is that the son had any right or not and along that limitation period to challenge the transaction.

Further if transaction was bonefide and father sold it then it can be contested along other grounds as per claim in the suit.

Mother and you all being legal heir to your father can be made party to the suit.

At what age he filed the suit ? And do you have sale deed copy ?

Property is ancestral if acquired by his great grand father. Don`t worry, case will dismiss.

1) suit if any to set aside sale deed ought to have been filed by minor within 3 years of attaining majority 

2) it has to be proved by Plaintiff that it is ancestral property 

3) suit would take 15 years to be disposed of 

He ought to have filed within 3 years from the date of attaining majority.  The Petition has to be examined to answer this question .

Regards 

G.Rajaganapathy 

High Court of Madras 

1. If there were to be minor rights on the property, that means it will be ancestral property, the Court permission will be necessary to sell such property. In such a situation, the minor on attaining the majority has to file a case within 3 years of his attaining majority (18 years).

2. Assuming that the property were to be the self acquired property of the seller and since he sold the property in his lifetime, the minor will not have any right even after he attains majority.

3. It's simple, for self acquired property sold by the seller during his lifetime, no minor claims. For ancestral property, minor after attaining majority (18 years), within 3 years he has to approach the competent court.

4. The outcome of the case depends on self acquired property of seller or ancestral property. 

5.  Since it's not clear in your narration as to the property was self acquired property of the seller or it was an ancestral property. 

6.  If it were to be an ancestral property, then only, your mother may be liable and if it were to be self acquired property of the seller, your mother will not be liable. First it has to be ascertained whether the property sold by the seller was his self acquired or ancestral property.

The law of limitations shall apply in this case. There must be mentioned about him as the property was in his name too. Moreover he didn't approach the court before. Also now the property belongs to someone else. 

He has to prove that he didn't know about the transaction. You have to prove that you signed the property papers after due diligence.

This region of sales registrations in this regard is questionable and the demand is to cancel the sale deed although it is very old case and in case of minus it is really difficult to prove by the minor that the consent of his was not taken as the parents had the responsibility of building up the children you will have to contest this case it is dependent on the court to accept this plea that the consent of the minor has not been taken and thereafter only the liability is concerned and it will be claimed by individuals who has purchased the land from one to other

1. Typically the claim is time-barred, for legal claim purposes, as far as court proceedings are concerned.

2. Next, the legal heir of so claimed "ancestral property" can derive his claim against the original seller of land, on the sale proceeds received from the land.  Here the legal heir has no jurisdiction against third parties (subsequent land buyers or buyer's legal heirs) to reclaim land or monetary compensations.

3. Apprehensively, the whole exercise is to arm-twist the property buyers, into submission for negotiations.

the plaintiff has to prove that the property in which he claims is an ancestral property and thus he being a coparcenor and a minor at the relevant time, the same could not be sold without obtaining permission of court 

your mother who is joined as a defendant has to contest the suit by saying that the plaintiff has no right since the property purchased by her husband was a self acquired property and not an ancestral property. She will have to give proof of all the due diligence done by the buyer [husband] before purchasing the property and therefore contend that her husband was a bonafide purchaser for value without notice

1. Your mother shall have to engage a lawyer for filing an application praying for expunging/deleting  her name from the cause title since she is in no way connected to the matter.

2. However, if it is proved that the sale of the said property registered by the said individual is illegal and invalid, all the subsequent sales also shall become invalid now.

3. It will be next to impossible to prove the said sale as invalid after the lapse of so many years.

the legal heirs of the original owner are barred by law as per the provisions of the Limitation Act and cannot file a suit, after 30 years after the property was transferred by the original owner to the subsequent owner. Thus the claim of the persons claiming to be legal heirs  is barred.

1. Outcome of the case depends on the age of plaintiff as you can defend the case on ground that plaintiff have knowledge of sale when he became major and now Filing of case is not maintenable due limitation.

2. Your mother will be liable only plaintiff win the case and if current owner file suit against legal hiers of your father.

This suit is not maintainable either in law or in facts.

However since your mother has received the summons she should file a written statement and also participate in the case either in person or through her advocate and challenge the suit as per the provisions of law. to disclaim the allegations.

If you have enjoyed any share of your late father then if court orders in his favor you need to pay to the extent of share