My grandfather purchased a land in 1968 from a lady who was having one son.Her daughter in law ran away keeping her daughter with the lady and his son. after some time the son died because of long illness and lady had to take loans for sons illness. after sons death lady found that she had enough loan and she has to also take care of her grand daughter. she decided to sell a property and she sold to my grandfather. as the daughter law ran away long back hence her name didnt appeared on any property document. granddaughter was minor(6yr) so lady signed on her her share being caretaker. now in 2016 the granddaughter claiming property from us saying deed set aside as i was minor and my mother was not involved in the deed. her mother also died.
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1)you have not mentioned whether it was self acquired property of the lady or not . if it was self acquired property of lady consent of minor mother was not required for sale of property
2) even if grand daughter was minor and she had share in property she should have come to court top claim share within period of 3 years of attaining majority .
3) it is necessary to peruse the suit papers filed by grand daughter to advise further .
1. Share of property of a minor can not be sold by her guardian/mother with out the approval of the local District Judge,
2. District Judge is the custodian of properties and share of properties of all Minors whose said properties are coming under his Jurisdiction,
3. The District Judge approves shcu sale of Minor's properties only for the welfare of the concerned children,
4. In view of the above the instant sale of minor's share of the property by her mother to your grandfather was illegal hence invalid,
5. It will be prudent on your part to settle the matter with her amicably in your interest.
The property of a minor cannot be sold without the permission of the court. If it has been sold without court's permission then the minor can on attaining majority challenge the sale in the civil court which can set it aside. The granddaughter can now file a suit for cancellation of the sale deed if she has evidence to prove that she had a definitive share in the property as on the date on which it was sold.
If at all the claim by the granddaughter is to be genuine, she should have filed this suit within three years from the date of attaining majority or three years from the date of knowledge.
This she has to prove.
Moreover she has to prove that this property involved inor interest at the time of selling it.
If her father was alive at the time of selling this property then she literally do not have any rights in the property.
This property should have devolved on her father and he should have died intestate so that his biological daughter shall be entitled to a share out of his share in the property.
There are lot of legal questions to be answered all of which shall appear during the trial proceedings of the case.
grandaughter is now crossed the age of 50 so she has crossed the limit of three years being majority to claim and set aside the deed. secondly her mother ran away when her father was alive and grandmother was the only guardian. mothers name is not at all appearing on any document. however granddaughter name ia appearing in sale deed and wrote that she ia minor and on behalf of her grandmother is signing. her mother did not stayed together she ran away with somebody else in 1964 almost 4-5 years before the deed. after almoat 50years can she claim the property and her mother share which was not on document.
grandaughter is now crossed the age of 50 so she has crossed the limit of three years being majority to claim and set aside the deed. secondly her mother ran away when her father was alive and grandmother was the only guardian. mothers name is not at all appearing on any document. however granddaughter name ia appearing in sale deed and wrote that she ia minor and on behalf of her grandmother is signing. her mother did not stayed together she ran away with somebody else in 1964 almost 4-5 years before the deed. after almoat 50years can she claim the property and her mother share which was not on document.
If it was self acquired property of seller grand daughter has no share in said property
2) the grand daughter did not move court within period of 3 years of attaining majority . Hence claim is barred by limitation
This grand daughter can claim only her share in the property out of her father's share provided her claim for that particular share of property is within the time limitation.
Her claim shall not maintainable if it is barred by limitation.Further, if at the time of selling the property, her father was alive then she is not entitled to that claim as well. But since this property was sold post her father's death, her share out of her father's share remained. Moreover at that time of selling it was not very essential to seek court's permission to sell minor's property by the guardian if there is a recital in the sale deed stating that her share of property was sold to take care of her interest and her educational or other expenses.
You can challenge her case properly in the trial court.
That she is past the limit of 3 years to lay a challenge to the sale deed is a defence which can be taken by the defendant. The grandmother could not have signed the sale deed on behalf of her granddaughter unless she was permitted by the court to do so.
1. The said minor girl who is now 50 years old can claim that she has come to know about the said sale only recently for which the limitation period should be counted from the date of her coming to know about the said sale. In that case her plea will be accepted by the Court,
2. Her mother's running away fro her father does not deprive her mother from claiming the share of the property of her husband even if she gets married to anybody illegally without divorcing her husband and in that case the second marriage will be treated as illegal,
3. So, the sale of the share of the minor and also her run away mother by her grandmother was ilegal and void at law,
The minor can not only claim her 1/3rd share of her father's property, she can also claim the entire 1/3rd share of her mother's share of the said property if her mother is no more since she stands as the only legal heir of her ran away mother.