Property sold not as per will and share not given Property sold not as per will and share not given

1 month ago

My Grandmother (Religion HINDU), before dying, registered a will in which she divided the property (Agricultural land) in 5 equal parts ( 4 parts for 4 sons and 1 part for me (Grandson)). But after her death, sons divided sale proceeds in 4 parts and i (Grandson) was not given any money. This happened about 8-9 years earlier. Now when i am demanding my share, they are denying it and are not willing to give me any money. Out of her 4 sons 1 has already died, but her wife and son are alive. Can i claim for my part from the sale proceed from all sons.
One of the son (my Father) has already paid my share , but other 3 sons are denying any payment.
Kindly help and suggest can i file as case against the sons for not paying my share and under what sections.

Legal Counsel Vidhikarya

Responded 1 month ago

View All Answers

A.Dear Client,
In the absence of your age at the time of selling out the inherited property by the legal heirs after the demise of your grandmother and your present age, your query cannot be addressed suitably. It may be noted that if minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the father whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Hindu Minority and Guardianship Act, 1956 states that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or in any other mode without the prior permission of the Court. In case of an urgent requirement of funds, the natural guardian of the minor children will have to make an application to the court praying for the transfer of that property. As per Sec.12 of the Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. As per the Supreme Court judgment on the sale of minor property in Saroj v. Sunder Singh & Ors., the Supreme Court ruled that a guardian cannot sell a minor's part of the property without the permission of the competent Court. However, if the minor objects to the sale or transfer of the property, the court will hold the transaction void. To impeach the transfer of immovable property by the guardian, the minor must file the suit within the prescribed period of three years after attaining majority. So, your age is crucial to address your query properly.

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 month ago

View All Answers
A.Dear Client,

The claim appears to be time-barred, as it should have been pursued within three years of the sale. Despite this limitation, you may still receive a legal notice and face potential civil proceedings from the concerned parties. It would be advisable to prepare for such actions accordingly.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

View All Answers
A.Dear sir
It is time barred. You should have claimed within 3 years of such sale. Any way you may get a legal notice and initiate civil proceeding against three of them.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconConfiscated phone
Dear Client, If a school is generally follows the CBSC rules strictly in all aspects then it might not be possible to recover your device back. Talk to the management authority and write a handwritten...
question iconMy mother and my wife needs safety for a PLOT
Dear Client, Your mother can transfer the property to you by executing a gift deed in your favor. In that way, there will be no apprehension of losing the title over the property or anyone else claimi...
question iconCustodian Land
Dear Client, We would require more details on the matter to precisely answer your query. However, you can get the lease of the custodian land for industrial purposes depending upon the type of area, S...
question iconProperty dispute
Dear Client, According to the law of inheritance, property that is undivided for at least four generations constitutes an ancestral property and the coparceners have an equal share in it. In case of a...
question iconProperty dispute
Dear Sir, You have to immediately approach Civil Court since your entire plot was encroached by third person and seek a direction to remove barbed wire fence and allow you to use traditional road.