Minor property sold in 1991 with court guardianship& 1997

2 years ago

my father passed away in year 1991, After that my grand father transfer the rights to us and my father's brothers(totally 4) ,
For us mother act as guardian for his 2 sons (7years),(14years) received the property

In 1993 my mother got court permission to sold property ( court instruct that need to submit sale copy, minor account deposit copy, otherwise guardianship is cancelled)
No bank account opened for minors and sale deed copy also not submit to the court

In the year 1997 another property sold at that time 2nd son is minor
My mother has not got any permission from court for guardianship
But in that document mention guardian for her 2nd son

Now my age 37 as 2nd son what I need to do

Still both the property land is empty land only

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Rajinder Pal Singh

Responded 2 years ago

A.Much time has gone by till this time, three years of limitation period is given to the minors who attains majority to challenge the title in dispute, but legal notice can still be served, suit can still be filed, needs full details of previous transactions, you may consult me personally, thanks

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Sidhaarth

Responded 2 years ago

A.Merely because property belong to grandfather does not mean that the same is ancestral property. Some layman take such property as ancestral property which is kegally not correct. You cannot do anything. Though second sale of property was not proper but as per law you had option to challenge the sale after attaining the majority but you had not opted the same. You are now 37 so if calculated more than 15 years have lapsed since you attained majority at the age of 21 and now if you take any action then your every step should be barred by limitation. Now you cannot excercise your option. Merely because land is vacant means was not utilised does not confer any right to you.

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Lucem Leg

Responded 2 years ago

A.Dear Sir,

As the property is an ancestral property so you can claim it. Also if your mother has sold that property even after not obtaining the permission from the court, the sale executed in respect of the said property is invalid and hence you can challenge it.
Also you can file the complaint against your mother for the fraud she has done with you without obtaining the consent from you to sell the property.

Kindly rate the response.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello Sir
You have all rights to claim back the property from your mother. Your mother didn't act as per the guidelines of the court so she lost the guardianship right and the sale deed she is executed is completely void. You could file a suit in the civil court to claim that land which is your ancestral property and you have all right to claim the same.
Thanks
Please rate if you find this advice helpful.

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Anik

Responded 2 years ago

View All Answers

A.Hello Sir
As your mother haven't got any permission to sell the property, the sale deed she executed is completely invalid and you could claim the property back. Also it's your ancestral property you have all right the claim the same.
Thanks
Please rate if you find this advice helpful.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It was necessary to challenge that sale either within three years from the date of execution of that Sale Deed or within three years from the date of attaining majority . In your case it is a matter of fraud so it is necessary to know when you came to know all these facts because on that basis legal opinion is required to be given.

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