Dear Sir/Madam, my mother (currently aged 71 years) purchased agriculture land in 2006. The seller had inherited the property (9 gunta) from his mother who was not alive when the sale happened. His mother had purchased the land from the original owner through cash in 1963. He had transferred the land in his name in 2004-05 M.R. He has 3 sisters. During the sale the person Mr. Venkatesh's kids were minor (approx. age: 15,14, 9 years). Now the kids have filed partition suit case (Parties: Father, 3 Aunts & my mother) and are claiming money from my mother. We are in position of the property from 2006. We have constructed 2BHK house and constructed compound around the property approx. 5 years back. 1. Does the kids have right to file the partition suit case after 16years of sale? 2. Is there any chance the court will rule in their favor and ask us to pay the money to the kids?
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It depends upon the knowledge. The partition suit can be filed by the legal heir kids if property is not legally partitioned
They need to prove the said facts in court. If they are legal heirs and their share was not paid.to them they may get the same
Kids within 3 years of attaining majority ought to have filed suit to set aside sale deed
since they have failed to do so claim is barred by limitation
The minor, upon attaining majority, shall have a period of three years to file suit for the purpose of impeaching the transfer of immovable property by the guardian of such minor, as prescribed by law.
1. If that property was in the name of sellers mother , and who died intestate then the property would be devolved upon all her legal heirs equally
- Since, the minors were 15,14, 9 years old then , they were having their respective shares in the property.
- However, there is provision that a minor within 3 years from the date of becoming major should approach the court for getting share , then that limitation has already passed for all the minors , and hence if their suit for partition is not maintainable.
2. No chances
Thank you for the advice. Another question, 1. Since the property belonged to the sellers mother do the sellers kids have right on share as its does not fall under ancestral property? 2. The property is not self acquired by seller (he has not purchased) but acquired from his mother. So does the sellers kids have rights to get the share in the sale as per law?
It is not ancestral property
seller children have no share in the property
It is not ancestral property
seller children have no share in the property
Seller kids have no share in the property
it is not ancestral property
the children of the seller will not have any right to a share in the property unless it is ancestral property.
Since your mother purchased the property by a registered sale deed, she becomes the absolute owner of the property.
However you have stated that the seller inherited his mother's property after her death by excluding his siblings, then he may have to answer to them for not distributing the sale consideration amount to them.
If your mother had settled entire sale consideration amount and had taken possession and is enjoying the property ever since then her title is indisputable.
The grandchildren of vendor's mother cannot claim any share in the property as a right.
1. If the original owner is reported to have died intestate then the property left behind shall devolve equally on all her legal heirs.
2. No, the children of seller don't have any rights in the property hence the suit filed by them is not maintainable
No if it was a self acquired property and the seller has sold it then his children doesn't have any right
Dear client,
As per the Hindu Succession Act, the children of the seller have equal right to claim their share in the property inherited by their father from their grandmother. The fact that it is not ancestral property does not affect the right of the children to claim their share.
If the property was inherited by the seller from his mother, then it is considered as his self-acquired property, and his children have the right to claim their share in it. The fact that the seller did not purchase the property himself does not affect the right of his children to claim their share.
Therefore, the children of the seller have a right to claim their share in the property, and they can file a partition suit to claim their share. The court will examine the evidence and decide on the merits of the case. If the court finds that the children have a right to the property, then they may be awarded a share in it.
Seller kids ,, his aunts ( and their lega heirs)have right in property as the property was inherited property....but once the property is transferred and and no one objected and they were sleeping upon their right for more than 16 years....it is time barred.
Further the property you are in possession off ...you should claim that the same is your earned property ant not from the sale of ...that property in question. Therefore no question of partition arises.
