On mother demise your father you and your sister are legal heirs
2) you and your sister can file suit within period of 3 years of attaining majority to set aside sale deed
My grandfather bought a property in 1990.after tat he gave settlement to my mother.my mother died on 2004.after tat in 2006 my father sold the property to someone by mentioning in the sale deed for our education expenses without obtaining the court permission.now my sister is 21 yrs and 3 months completed and now i am 19 yrs and 6 months.can we claim the property or cancel the sale deed
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On mother demise your father you and your sister are legal heirs
2) you and your sister can file suit within period of 3 years of attaining majority to set aside sale deed
- As per law, after the death of mother , her property would be devolved upon her legal heirs , i.e husband and children .
- It means that after the death of your mother , your father cannot sell entire share of the property , which includes also minors share as well.
- Further legally , no person including father can sell the property of a minor , without getting permission from the Court.
- Hence , the transaction done by your father is not having a legal value, and you now in your major age can approach the court for getting respective share in the property and to cancel the sale deed executed by your father.
- Yes, you can claim the share after cancelling the sale deed, after filing a suit for Declaration and Partition before the court.
- However, before filing a suit , you should issue a legal notice to your father for partition and cancelling the sale deed done by him , and a copy of the same should forward to the purchaser as well.
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If it's an ancestral property then yes. Other wise being self acquired policy you can't have any share
ine at the time of death of your grand mother the grandsons as well had share in the property and at the time of tis sale the father did not take permission of court while selling minor's share the said transaction was voidable and hence now you as well your sister can challenge the same by filng a civil suit for setting aside the sale.
As my father is also died before 5 years.my sister crossed 21 years.shall she can also file the suit.i have read the article tat section 7 of the limitation act says tat if there are several minors if elder one didn't file the suit once upto 21 yrs of age.then younger one who is below 21 also barred to claim the rights.my grandfather gave settlement to my mother before marriage.now my father also passed away.if my sister can't file a suit now can myself alone file a suit now..whether i can get only my share or whole property sale deed can be cancelled..id it possible to file a suit without sending legal notice to my father .as my father was passed away.
The limitation of 3 years to file such suit starts from the date when the minor after attaining majority first comes to know about such transaction.
The legal right of other co sharer doesn't get extinguished.
The minor can file a cancellation suit to cancel the registered sale deed or partition suit seeking its legitimate share in the property which was sold by its father/guardian during its minority by age.
The limitation for this is within three years from the date becoming major by age or from the the knowledge after becoming major.
So, you can file a case and not your sister who has crossed 21 years now.
You can file the suit.
You can file the suit against the buyer directly.
Let him come to the court and object your claim or challenge the same legally as per law.
The court will decide about your claim based on the provisions of law in this regard.
yes if the said sale deed is executed not considering your legal share it can be cancelled by court by filing suit for cancellation of sale deed
Your sister can file suit to set aside sale deed
2) she is 21 years old she can file suit within period of 3 years
1. You could challenge the sale deed within 3 years from the date of knowledge on attaining majority.
2. If you can prove that you obtained knowledge within past 3 years then your suit will be within limitation.
3. You have to array the buyer as a party to the suit.
If I file suit whether i can get only my share or whole property.As it is a hindu undivided property and also not a separate property of minors sec 8 of the guardianship act doesn't apply here i.e.,natural guardian can sell the property without court permission.is it true.???what is the court fee to file a suit.i have seen 7.5% of the guideline value to file a suit.is it true
1. You can cull out the separate possession of only your share, not beyond it.
2.Read Section 8(2) in The Hindu Minority and Guardianship Act, 1956 below;
You have on third share in property
your sister has one third share in property
on mother demise your father could not have sold your share in property without court permission
Court fees depend upon market value of your share in property
court permission will be required if there is a stay or matter is subjudice in court. Otherwise the sale deed may be cancelled. the court fee will be applicable on the value of the property and valuation claimed in suit
You can file a suit claiming your rightful share alone.
Natural guardian also cannot sell the property having minor interest without court permission
The court fee can be enquired locally.
Such sale can be challenged in court with in 3 years on becoming major. You should file immediately for cancellation of sale and your sister has crossed the limitation. She will request court to condone delay.
Sale deed is not executed by you, so court fees not payable. File suit by both.
Response to your first post:
According to Hindu Succession Act, on demise of female intestate, her children and husband are entitled to her property.
Thus, you, your sister and your father are entitled to 1/3 share each.
Yes, you can claim property and issue notice to purchaser cancelling the sale done by your father, i.e., within three years from attaining age of majority.
Your father ought to have taken permission from court to sell the same, else, the same can be challenged by you.
Response to your second post:
Your sister can file suit, and notice has to be issue to the purchaser, followed by filing of the suit for cancellation of the sale deed.
Response to your third post:
The Guardian has to take permission from court to sell minor's property.
You and your sister are entitled to 1/3 share each.
Court fee is state subject. It varies from state-to-state.
However, the court fee is charged on the market value of the property.
It is possible if the said property is sold by your father in the capacity of being your guardian without obtaining a court permission and the sale consideration not used for your benefit. Also ensure genuine buyer is not penalised
1. No you cannot claim share from property of grandfather which is gave to your mother because it was not ancestral property of your father or mother.
2. If property was on your name then you can definitely file suit for cancellation of sales deed done by your father without taking permission from court.