• Family property

Dear Sir,

In 1993 My Great grand father has given 5 Acers of land to me and my sister (we are two sisters) , A house and 2 Acers to my mom 
(According to the registered document my father and mother can use the land but can not sell in any way  which is given to me and my sister )

I am aware that we have 7 acers of land and I am not aware of the registered document till I get married .

When I was 15 i.e in 2005 , For my sisters marriage we have sold three and half Acers of land and there its clearly  mentioned that  the property is sold for her marriage.( taken 2 acers given to my mom and 1 and half from mine and my sister)
(when I verified the document I figured out that they had showed in the registered copy as my age was 20 years which is fake)

This year (2015) I got married.When I ask my share of 2 and half Acers, she claims that in the remaining 3 and half Acers she  has to get half of the property.

My interest is to give one acre and house to my mom for her livelihood as she is deaf and dumb and alone , and 2 and half acres of my share to me.
 So please suggest me how can I proceed further to get my property.
Asked 1 year ago in Property Law from Hyderabad, Andhra Pradesh
Religion: Hindu
Sale of property belonging to you during your minority is no doubt invalid and illegal, however you should have made a claim about this within three years from the date of attaining majority.
Now since you have lost a chance you can have a equal share in the residual property.
However you may consult a local lawyer who will suggest your some other idea to retrieve the lost property or to put pressure on your sister to forego her share due to the previous transaction that took place during your minority.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
De Facto guardian cannot sell the property on behalf of the minor owner.  Only the natural guardian or the court appointed guardian can sell the property belonging to minor or involving minor interest. However though you were a minor by age that time, you have also put your signature in it, it means that you are aware of the sale that time itself, but chose not to claim even after three years after attaining majority.  The question is not about defacto guardian selling the property, it is about the minor' property sold without following the legal procedure. The sale by defacto guardian is absolutely null and void but that should have been made within three years from the date f such knowledge. You cannot say that you never had the knowledge about it either then or subsequently.So what is your legal position and than decide about further legal action on it.
I told you to consult a local lawyer who will be having more clues which cant be stated in open in such public forums like these.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
1) it is necessary to peruse the registered  document cited by you to advice 

2) the property was sold for your sister marriage ie for necessity 

3) for sale of minor share court consent is necessary 

4) within 3 years of attaining majority you can challenge the sale of your age was wrongly shown 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1) You were only 15 at the time of sale 

2) your consent was not valid consent 

3) but since period of 3 years has elapsed since you attained majority your claim would be barred by limitation 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. In accordance with the document of transfer executed by your grandfather you and your sister were to get an equal share in the 5 acres land. Both of you became the co owners of the land as soon as the document was executed. Your mother's assertion of having a share in the land is not supported by the law.

2. The land owned by you could not have been sold by your parents except with a court order.  You can challenge the sale made by your parents. The time limit to challenge the sale is 3 and not 12 years.

3. You and your sister have an equal share in the remaining 3.5 acres of land.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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