D has no share in self acquired property of grand father
2) it is not ancestral property and D has no share in survey number 6.7,8,9 ,10
3) suit has to be filed within period of 3 years of attaining majority
Granddaughter suit on grandfathers property
In 1972, There is a Person named A who had a list of 10 Survey numbers (example survey numbers are 1,2,3,4,5,6,7,8,9,10) self acquired by him through reg sale deed. A had one son named B(aged 55) and one daugther named C.(aged 50). B now have a daugther named D (aged 24). In 1989, A has given registered gift deed to his son B to only enjoy and not to sell the survery numbers (1,2,3,4,5). However, in the same gift deed 'A' mentioned that his(A's) grand children can sell the survery numbers (1,2,3,4,5). In this sale deed , there was no signature of B. In the same year 1989, A has given registered gift deed to his daughter C to enjoy and sell the survey numbers(6,7). In this sale deed , there was no signature of B. The remaining survery numbers (8,9,10) are still as it is with out being sold or gifted under the joint 1972 sale deed between A and B. Now, here comes the situation: 1. In 2003, We have purchased the survey number '5' with the signature of A , B and D(She was minor in 2003) as guardian father. This is cleared and now , and we did not get any notice for this. 2. In 2004, We have purchased the survey number '8,9,10' with the signature of A and B alone. There was no Signature of B's daugther who was minor in 2004. Last week we got a notice , saying that D is claiming a share in the survery numbers 8,9,10 since it was her grand father property. Is this Valid case? D is claiming it as ancestral property. Actually, it was self acquired by A in 1970. 3. In 2011, C has sold her property(6,7) to her brother B . Later in 2016 we purchased this 6,7 from B through sale deed. Last week we got a notice , saying that D is claiming a share in the survery numbers 6,7 since it was her grand father property. Is this Valid case? D is claiming this survey numbers 6,7, because in 1989 when her grand father gifted to it C, there was no signature of D's father B. Hence is her claim right? 4. What is the timeframe for anyone who is either a major or minor to challenge any sale deed?
Asked 2 years ago in Property Law
Religion: Hindu
11 answers received from multiple lawyers
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11 Answers
A being absolute owner of property had every right to give his property to sny person of his choice by way of gift etc and for doing so A does not require any permission or consent of any body including B and C. So no signature or B or C is required on gift.
1. What is your query? If you were not vigilant to your interest then now you cannot take any contrary plea.
2. Property owned by A is not an ancestral property. Claim of D is not sustainable gor reasons.
3. No, it is not valid case of D. On gift signature of D is not required. D cannot claim any share. However, details required to ascertain and to duggest remedy.
4. Time frame is three years but it vary from circumstances of each case. The conduct also matter.
1. No comments.
2. As you have rightly said, it is not an ancestral property. Since the properties lying in S. Nos.8, 9 and 10 were purchased by A and B jointly in 1972, Your purchasing them from A and B in 2004 is perfectly in order. There was no need for the signature of B's minor daughter in the sale deed, as she had no legal claim in it. There is no valid case here for D.
3. Since A had gifted the properties lying in S. Nos. 6 and 7 to his daughter C in 1989, she became the absolute and exclusive legal owner. Hence, her transfer to B in 2011 by way of a sale deed is in order. Here too, here is no valid case here for D.
4. The timeframe for a minor is 6 months from the date of attaining the age of majority.
Dear Client,
In this scenario, the absolute owner, A, possesses full rights to bestow their property as a gift to any person of their choosing, without the need for permission or consent from anyone, including B and C. Hence, there is no requirement for the signatures of B or C on the gift deed. It should be noted that the property owned by A is not ancestral, making D's claim unsustainable. The claim made by D lacks validity, as the gift deed does not necessitate D's signature, and thus, D cannot assert any share in the property. However, further details are needed to fully ascertain the situation and provide suitable remedies. The time frame for such cases generally spans three years, but it may vary depending on the circumstances of each individual case, taking into account the conduct of the parties involved.
2. D has no right in this property, her case is not maintainable legally.
3. No she has no rights in this property too.
4. three years from the date of execution of the registered deed or from the date of knowledge of the said transaction.
Sir, with the same above scenario, i have 2 questions. Please let me know on this. 1. In 2015, B approched the court for selling the property for Survey numbers 1,2,3,4 due to his kids educational expenses. Court granted him order to sell it and he has sold the numbers 1,2,3 to us. In 2015 B's daughter was still minor. Hence, this is cleared and now no one has raised any objection for this. 2. In 2020, we purchased the left our survey number 4 from B with the signature of B alone. B's daughter signature was not there in 2020 and she is a major now. Now, B's daugther is claiming that, my father is doing bad vices against her and hence claiming that she(B's daugther) also has some share in Survey number 4. Is this vallid case?
Asked 2 years ago
Repeated query.
1. Already replied in detail.
2. Signature of B's daughter is necessary. However, details required to ascertain genuineness and legality of her claim.
She has no rights in the property during the lifetime of her father.
Hence her case is not maintainable
Daughter has no case as it is not ancestral property
The lack of property rights during her father's lifetime renders her case non-maintainable.
1. B had only a lifetime interest and no power of alienation in terms of A's gift deed. As such, the sale is invalid. There is every risk of B's daughter challenging this sale too in future, if limitation is available.
2. Same situation as above.
Yes as per the aforementioned facts it’s valid case
