Family details: A(expired) has a son named B(alive). B has a daugther named C (alive). Area details: Survey No 1 , self acquired by A ( extent 1 acre) Survey No 2 , self acquired by A ( extent 2 acre) As said above, there is a agricultural land with Survey numbers 1 and 2. These Survey numbers are not ancestor property . These are self acquired by A. In 1983,during A's life time he has written a will , in such a way that the given S.No 1 and 2 , will belong to C (Not born that time) who is daughter of B. In the same will, A has written that B do not have any rights to sell the S.No 1 and 2, except to enjoy the property. In 2015, when C was a minor, B had to sell S.No 1 and 2 for educational purposes for which he approached the court and the court gave the permission GWOP to sell S.No 1 and 2 , as B is the legal guardian of C. Based on court order, we deposited amount in C account for the S.No 1 and 2 . We also had made a sale agreement with B for the said survey numbers, total extent. So, In 2016 we have purchased S.No 1 and 2, based on the court permission and the sale deed were signed both by B and C. Now, the problem is with S.No2 : B got the permission to sell the full S.No 2 (Extent 2 acre) in GWOP. However, by that time in 2016, B had only 1 acre in the Pattadar pass book. Hence, we have registered only 1 acre for this survey number, obviously with sign of both B and C. From 2016 to 2019, due to various reasons, B couldn’t make the balance 1 acre in to his passbook. Finally in 2020, he had made the balance 1 acre in his passbook. In 2020 again, B did the balance 1 acre registerd to us. But, during this sale deed, B had alone put the signature and C was not aware of this. We are now in possession of both S.No 1 and 2. Main problem is , C became major in 2019. Now, C has put a case on us including her father as defendant, saying that, her father has sold the remaining 1 acre in S.No 2 , with out her knowledge and now it belongs to her. So, my questions is : 1. C is looking for an injuction order on the balance 1 acre in S.No 2. What is the possibility for this? 2. Since we have paid for the total amount of S.No 2, is her argument valid? 3. The amount that we deposited in her account while she was a minor, is also used by C, once she became a major. Does, this mean, she has accepted our transaction of the sale? 4. Will C have any rights on the balance 1 acre, eventhough she didn’t sign the sale deed, after she became major? 5. How can this situation be dealt?
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1) court would not grant any stay order as property was sold with court consent
2) her argument is not valid
3) she has accepted the said transaction
4) although C has not signed sale deed land was sold as per court orders and money used for her education
Sir, the problem is with S.No2 : B got the permission to sell the full S.No 2 (Extent 2 acre) in GWOP. However, by that time in 2016, B had only 1 acre in the Pattadar pass book. Hence, we have registered only 1 acre for this survey number, obviously with sign of both B and C. From 2016 to 2019, due to various reasons, B couldn’t make the balance 1 acre in to his passbook. Finally in 2020, he had made the balance 1 acre in his passbook. In 2020 again, B did the balance 1 acre registerd to us. But, during this sale deed, B had alone put the signature and C was not aware of this. We are now in possession of both S.No 1 and 2. Main problem is , C became major in 2019. Now, C has put a case on us including her father as defendant, saying that, her father has sold the remaining 1 acre in S.No 2 , with out her knowledge and now it belongs to her. So, my questions is : 1. C is looking for an injuction order on the balance 1 acre in S.No 2. What is the possibility for this?
Take the defence that court order granted permission for sale of 2 acres but only one acre was sold and balance was sold only after entry in the passbook
that money was used for her education
that suit has been filed 3 years after attaining majority
Do B had life interest in the property before the birth of C in the WILL ?
Dear Client,
The evidence offered, how the will is interpreted, and the specifics of the sale—most notably the timing of the transaction—will all play a role in C's ability to get an injunction order on the remaining 1 acre in Survey No. 2. If it can be shown that there were anomalies in the selling procedure or that the sale was not carried out in compliance with the terms specified in the will, then C's case concerning the remaining 1 acre in Survey No. 2 may have merit. Although it's possible to read C's use of the deposited money after she became a major as her approval of the deal, this may not be sufficient to establish the sale's legality. Her knowledge of the sale and her assent would be taken into account, among other things. If it can be proven that the remaining 1 acre in Survey No. 2 was meant for C, in accordance with the terms of the bequest, then she might be entitled to it. Her failure to sign the sale deed, meanwhile, might make things more difficult. Nonetheless, bringing up the issue and resolving this scenario outside of court would also assist the parties in coming to a mutually beneficial resolution through negotiation or mediation.
Yes you can file suit and get injunction
1. If C had filed the suit within three years from the date of majority then it i maintainable. The permission from court to sell her property was obtained when she was minor by age, whereas the remaining proeprty was sold when she became major, therefore it can be considered as a fraudulent sale by her father deceiving or depriving her rights.
In fact C had become major at the time of execution of sale deed therefore B had no rights to sell this remaining portion of property
2. The question is that you have not paid the consideration amount to the owner of the property that was purchased by sale deed in the year 2020, hence she is right in her claim.
3. If the sale consideration amount for this property also was deposited to her bank account at the time of her minority then this suit can be prayed to be dismissed.
4. She has to ratify the sale deed since she has already received the sale consideration amount
5. It is a matter of argument before court on the basis of the facts and the documentary evidences you rely upon.
Firstly the signature of C is not valid during her minority of age. Secondly even though the guardian obtained permission to sell the property in the year 2016, he did not sell the same in full and he could not sell the property anytime before she became major by age, hence he has no rights to sell the property if she acquired the rights over the proeprty owing to she becoming major by age.
Since she has filed the suit and the case is going on you may have to challenge the same on merits. or by a compromise settlement