your mother as guardian can sign on your behalf
2) court permission is necessary to sell minor share in property
3) if no court permission is obtained you can file suit to set aside sale deed within period of 3 years of attaining majority
Ancestral property sold after father's death
Dear sir/Madam, i would like to place my query in a simple way. My grandfather has two sons (for reference B & R ). B is elder son of my grandfather while R is younger one. I am son of B. After death of grandfather, the B & R got registered of their share equally. After death of my father i.e. B, R has planned to take B share and got signature from my illiterate mother as sold out entire B share to R and during this process, i was just 10 years old and they also got me registration office for signature. Entire land acquires by R and my mother told me that R never told me about selling agreement and i just trusted him as he promised to share B land to me in future. I just would like to know, whether my mother has right to sell out B share and is my signature was valid due to minor ? is there any chance to claim this property ? Please reply. Thank you, Regards, Mallesh
Asked 2 years ago in Property Law
Religion: Hindu
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13 Answers
Thank you sir for the clarification. In such case i lost a chance to claim as this case belongs to 1996 and we did not have any legal rights after attaining majority that means i would have to file this in the year 1998. Anyhow, thanks sir for immediate reply and straight clarification on this issue.
Asked 2 years ago
your mother can file suit to set aside sale deed
take the plea that she is illterate and was not aware that sale deed has been executed .
that she came to know that sale has been executed and has filed suit within period of 3 years of knowledge of sale deed been executed
You could file case within in 3 years on attaining majority. But to bring the matter in limitation, just claim, no knowledge of such sell agreement and apply for mutation on the basis of Legal heir certificate.
Your mother can sell only her share in the property left behind by her deceased husband, she cannot sell your share in the property either during your minority of age or if you were an adult then without your consent or knowledge.
You should have taken up this matter within three years from the date of you becoming major by age or from the date of knowledge.
If you qualify for either of the two above, you can file a suit claiming your share in the property that was sold without your knowledge.
Please remember that it is not ancestral property, it was your deceased father's share out of his father's property,m hence it becomes your father's self acquired property
You are welcome for your appreciations.
The said registration is illegal you can challenge it within 3 years of knowledge
Thank you sir for the valuable advise. but is it possible sir if asking plea after 20 years ? Will court grant this plea now ? What is the percent of chances of winning to get plea sir ? based on your inputs, i will think it over sir.
Asked 2 years ago
Claim appears to be barred by limitation
but if mother is illiterate then you can try your luck and convince court that she has been cheated by her brother in law
You have to show that you were not having knowledge if you have yourself signed the same then you have to take minor plea and was not remembering the same
You have a right for a share in the property, however you have to ascertain the time factor because it is more than three years as on this date that you are in the knowledge of your property being sold by your mother.
1. Assuming that your father died intestate (without executing a WILL), then his property should have devolved equally to his mother ( your paternal grandmother, if alive at the time of your father's death), his wife( your mother) and his children. Assuming that your mother and you are the only legal heirs in the instant case, then each of you are entitled to fifty percent each in your father 'B' s property.
2. Since minor's right was inbuilt in the property, your mother was not legally entitled to sell the property to your uncle. Your mother should have taken Hon'ble Jurisdictional Court's permission to sell minor's rights over the property.
3. After you had attained majority age of eighteen years, still you had three years time after attaining eighteen years, i.e., till twenty one years you could have challenged the sale deed executed by your mother, as well as you being minor then your signature ( a minor is barred by entering into contract till he attains eighteen years).
4. Based on the above, file for quashing the sale deed executed by you and your mother and to restore your deceased father' s land to you and your mother by making plea to the jurisdictional Court for condonation of delay.
Take a peal that land is in your possession or uncle is care taker of land but it was never known to you that land encroach by uncle.
- As per law , after the demise of your father intestate , his share in the property would be devolved upon all his legal heirs equally i.e. you and your mother have 1/2 share in the property
- Further, as a minor cannot enter into any agreement , then your mother was not having any right over your share without getting the court order .
- Hence, even you have signed in the transfer documents in favor of R , then also that is not valid document
- Hence, you can approach the court for getting your share in the property and to cancel that sale document after filing a suit before the court
- You can file the suit even after 20 years from the execution of that document of R .
Dear Client,
In India, the Limitation Act sets time limits within which legal actions can be initiated. For property-related disputes, the limitation period can vary. For example, for recovery of possession of immovable property or to enforce any right in the property, the limitation period is typically 12 years from the date the right to sue accrues.
However, in cases involving minors, the limitation period might differ. Generally, the clock starts ticking from the date the minor reaches the age of majority (18 years old). So, if you were a minor when this transaction occurred and now, more than 20 years have passed since you turned 18, it might be challenging to bring a legal claim against the property due to the passage of time.
Courts often consider various factors and circumstances surrounding a case, including the individual's status as a minor at the time of the disputed transaction, potential fraud, coercion, or lack of understanding of the legal implications. In cases where a significant amount of time has passed, it becomes increasingly challenging to challenge past transactions. However, it will be more viable to judge the circumstances on the basis of evidence. You can reach out to us for further assistance
