• Minor share in property

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
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

24 Answers

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- 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. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If it's an ancestral property then yes. Other wise being self acquired policy you can't have any share

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

What kind of settlement he gave to your mother. 

Those details are needed for exact answer

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file a suit and separate complaint to get the settlement deed revoked.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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;


(2) The natural guardian shall not, without the previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or

(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

 

3. The permission from court is required.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes 7.5 is true.

You will get your share only 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

 

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- Yes, you can get your share , if not file a case after attaining major . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer