Dear Sir / Madam ,
My father has bought a land ( around 2000 sqft ) from one a person 'X'. Person X was a GPA agent with full rights to sell the land ( 0.43 acres ) either fully or part by part. The mother document shows the information as follows:
In 1966 , the land ( 0.43 acres ) was with Person A and he died in the year 1990. As per the legal heir certificate , the land has become the property of his spouse and 6 daughters. In the year 2005 , 6th daughter expired. The legal heir for the 6th daughter ( person Y ) as mentioned in the certificate is her spouse , son ( 16 years by 2005 ) , daughter ( 13yrs by 2005 ).
In the year 2007 , Person A's spouse , 5 daughters and 6th daughter's ( person Y ) spouse , son ( major ) has signed the GPA with person 'X' and given full power to person X ( from whom my father bought the land ).They have not got the signature of daughter of person 'Y ' as she was minor during 2007. ( 15 yrs by 2007).
From the power agent ( person X ) my father has bought the land in the year 2010.
Is it possible for the daughter of person Y to claim a share or the entire land from my father now ?
Thanks for the clarification.
Asked in Property Law from Chennai, Tamil Nadu
Yes she can claim her share within 6 months she becomes major if some body represented I the deed as her guardian. If not she can claim her share in the same and you are bound to give it.so to avoid that you must get an affidavit from her father and one by her father on her behalf if minor or by her if major that she will not claim her share in the same or get a no objection from her and she has approved sale and will not claim in future.have her father sought the permission of the court before and saw court order for selling the property.for any clarification or doubts opt for consultation
Hi, from your narration is a joint family property all the legal heirs have right in the property so consent of the all the legal heirs is must..... so "Y" has every right to claim the property.
Thanks for the info. With the help of the above said property of my father , I am planning to apply loan for a sum of 15lacs. Is there any other ways to get the loan sanctioned ?... by signing some agreement between the bank and self stating that i shall take the responsibility of such encumberances.
Asked 3 years ago
You certainly can go ahead with the loan.You can sign an indemnity bond on a Rs.200/- stamp paper and indemnify the bank of any incumbrances
As the husband of the 6the deceased daughter has already goven GPA to the seller you may not meet with a problem although the settled law is that all legal heirs are rightful holders and is capable of challenging the sale.
But if she claims the property's hen it might create problem. Since minor is involved bank will ask for affidavit or no objection saying she won't claim it. So get it and proceed
1) you have not mentioned whether GPA on basis of which your father purchased property was registered or not
2) you have not mentioned whether GPA executed registered sale deed in your father favour?
3) whether mutation has been done in your father name .
4) one of the legal heirs namely minor has not signed GPA .
5) she can on becoming major challenge sale deed executed in favour of your father .
6)you can make application for loan . bank will get your documents vetted by its legal department . based on title clearance certificate bank will sanction loan .
7)bank may or may not accept the indemnity bond executed by you .
1. Person Y's minor daughter was also co-owner of the said property,
2. District Judge is the custodian of minor's property whoce sanction should have been taken before sellng the said property,
3. If Bank detects the said defect in the Title, it will not sanction any loan even against your assuarance,
4. If possible, execute a sale deed for the share of the said daugher if she has become adult now. There is a risk also in asking for such sale dee since she may ask for a price,
5. However, it is prudent to settle the matter with the said daughter now by registering a sale deed selling her share of the property to your father since otherwise the title of your father on the said property will be at stake even if you get Bank loan.
if the minor wants to claim the right she /he should have done by this time as there is a three years limitation period to initiate legal steps after attaining majority.
You can apply for the loan , let the bank scrutinise the document as per their requirement .
A. Minor interest can be transferred by natural guardian, but it should be benefit of the minor child.
B. Minor can question any transaction within 3 years from the date of attaining majority.
C. Sale cannot be executed to anybody unless registered the GPA. Father of the minor can represent the minor's interest for the benefit of the same. Hence the minor sign in GPA is not necessary if natural guardian signed in GPA by representing minor child.
D.There is no bar to apply for loan, the bank will disburse the loan after scrutiny of legal documents.
I have made a few observations from the document. Pls validate it is true or not.
1. In the legal heir certificate dated 15.11.2005 , the age of the girl is mentioned as 13.
Considering the worst case like her date of birth is 15.11.1992 ( 13 yrs and 0 days on the day of legal heir certificate ) , She has completed 21 years now. ( i.e 3 years completed after majority ).
I have read from online sources about the limitaion act as follows :
No court shall grant permission to the natural guardian to do any of the acts mentioned above except in case of necessity or for an evident advantage to the minor. Now, the question is whether any alienation made by a natural guardian without previous permission of the court is illegal for ever. Under Section 8 (3) any disposal of immovable property by a natural guardian, in contravention of the above provisions is voidable at the instance of the minor or any person claiming under him. Therefore the alienation is not void but it is voidable at the instance of the minor or any person claiming under him. If the minor, on attaining majority (18 years) chooses not to challenge the alienation, the alienation will be perfectly valid. But, on the other hand, if he challenges the alienation, the validity of the alienation will be decided by the court. However, such a challenge should be made within 3 years after the attainment of majority. Any suit to set aside an alienation of minor’s property by the guardian filed more than three years after the attainment of majority is barred under Section-60 of the Limitation Act. Therefore the alienation cannot be challenged by a minor after three years from the attainment of majority.
As per the current situation , Could you please confirm whether she cannot claim my father's property ?.
Thanks for the valuable suggestions.
Asked 2 years ago
she cannot make any claim on father property as 3 years have passed since she attained majority . her claim would be barred by limitation
She cannot make a claim after attaining majority if so she must claim within 6 months. But if she says her date of knowledge about the same is now only you will suffer and she can claim.so for better side take an affidavit from her
A. If she completed 3 years after attaining majority, it is completely barred by limitation.
B. Natural Guardian is permitted to transfer minor's property in case of necessity i.e. for the benefit of the child.
C. However, 3 year limitation period shall be deemed that minor's absolute right to claim.
I think it's happening with oversight, mistake
She can not as already the limitation period has passed.
1. I opine differently,
2. If the minor, after attining majority, files a petition for condonation of delay stating that she has come to know about the illegal alienation recently, then his delay in filing the suit may be condoned.
What does fhghfh mean?
--Yes, daughter of person Y can claim her share (1/3rd of 1/7th part). i.e. the share allotted to Daughter no.6 of is 1/7. As she died in the year 2005 this 1/7th share is divided into three parts i.e. husband, daughter, son. As son has become major and has been added to the GPA there is no problem. But as the daughter is still minor she can claim her right when she becomes major. So, you have to keep her share aside and her guardian will be her father.
The other alternative is the guardian of the daughter (i.e. father) has to obtain permission of the court and then you can add the daughter's share in the GPA.