Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

huf property claim by minor

(Querist) 28 November 2015 This query is : Resolved 
(Natural guardian)A mother of d minor(8yr girl ) sold d site its was registered @ 1970 ...now girl turned 49 yrs...now she is seeking partition on dis schedule ancestral property as well as claiming minor rights..after 35 yrs she filed a suit claiming huf minor rights..
.in dis situation as a purchaser nw 80 yrs old senior citizen he is in possession since 45 yrs and struggling too muc how this senior citizen defend himself?
Anirudh (Expert) 29 November 2015
You have to first indicate who was the Registered owner of the property when it was sold by the guardian mother in the year 1970?

How do you say it was Ancestral property? What is the basis?

If that was ancestral property, why do you mention in your query "Huf property claim by minor"? (Pl. note - Ancestral property and HUF property are different)
NAGARAJ (Querist) 29 November 2015
Mr C got property frm panchayath kimmath @1957...after his death it is transferd to his son mr.D ..after mr.D s death property transferd to mr.c wife mrs .A got this proprty through pavathi khatha. ...mrs .A made registerd sale deed in favor of Mr.x@1970 ....wen d registration happen @d time mrs.A has 2minor childrens....5yr & 8yr..but now this childrens tuned 51 yrs age....now they r claiming minor rights frm dis huf property.after 45 yrs so filed suit for declaration and 1/3 share against her mother. Brother and one purchser mr.X....mr.x now 79yr senior citizen he is in possession since 44 yrs how he can defend himself.
Anirudh (Expert) 29 November 2015
How and who transferred the property which was in the name of D after his death?

Who purchased it - you are not clear. try to put pull stop after each transaction. Your sentence "transferd to mr.c wife mrs .A got this proprty through pavathi khatha. ...mrs ." is quite confusing.

You also have to say what is the relationship of the person to whom the property was transferred after D's death.

What do you mean by pavathy katha? Is it a person's name? If so, who is that person and how related to the property?

If you want an answer, better give clearly each of the transaction by putting PULL STOP after each transaction.

NAGARAJ (Querist) 29 November 2015
Transfer of property is like this.....mr.C got site property frm village panchayath kimmath. ...
after his death site tranferd to his son mr D.
after
mr.D expird pavathi khatha transferd to mrs A (mr.D Wife).
Mrs A had two minor children@1970.a
as a guardian
Mrs.A sold d property to mr.X for basic necessity. Education purpose for this minor childrens.
now children reached around 50 yrs age..
these childrens now 2015 fild d suit(declaration&partition) against der mother and mr.x (purchaser of d property @1970) for claiming minor rights after attaining majority of 35 yrs



Anirudh (Expert) 29 November 2015
Who is pavathi katha? What is the relationship with D? Whether D had any children?
NAGARAJ (Querist) 29 November 2015
Mrs.A (minors mother) to mr x Proprty registered @1970.
now they r grown and asking grandfather proprty for share of 1/3...
1)
is registered sale deed nul and void?
2).what s d time limitation for claming minor rights?
3) mrs.A widow mentiond in reg sale deed dat on behalf of minor children as a gouardian.for d sake of education, m selling dis property. Is itvalid?
4) mr.x purchaser he is in possession since 45 yrs how he wil defend himself?
5) is suit is maintainable?
6) shall we procedd for rejection of plaint.?
Kindly
pls help me out sir
Anirudh (Expert) 29 November 2015
When did the minors came to know that the property had been sold? What exactly they say in this regard in the suit?
Guest (Expert) 29 November 2015
As Per the Provisions of Limitations Act 1963 the Time Limit Prescribed to Institute a Suit for Possession for enforcing a Right related to Immovable Property is 12 years.Consult a Local Good Senior Advocate.
NAGARAJ (Querist) 29 November 2015
Mr. D HAS two minor childrens and wife on mrs.A.

after death of mr.D...property goes to Mrs.A (D s wfe widow A) this mrs.A got pavathi khatha....
mrs .D only sold d property as a guardian of minor childrens...
now this two minor childrens got married. ..49 yrs age.
They r attain majority 35 yrs ago

Now they r filing suit against mr.x

Anirudh (Expert) 29 November 2015
Dear Mr. Nagaraj,

Please appreciate. There is no point in going on repeating whatever you have already stated. You have to give information on specific queries if you really want any answer.

In the Suit, to bring the Suit in the year 2015, after so much delay, the two daughters have indicated as to when they came to know about the sale by their mother.

Please verify the plaint and indicate as to what they have stated in the plaint in regard to the delay in filing the suit. In other words, they would have said as to when they came to know about the sale.

P. Venu (Expert) 29 November 2015
It appears that queriest has no intention in making the query complete and comprehensible.
Rajendra K Goyal (Expert) 01 December 2015
Author preferred not to reply questions from expert Anirdh.
K.S.Srinivas (Expert) 06 December 2015
Give reply to the questions of Sri Anirudh.
Kumar Doab (Expert) 24 January 2016
Apparently the mother got the share in property of husband by inheritance but has not obtained permission of court form selling minor children share.



The author/querist should draft the query properly and make everything clear.



Or the author may consult an able local lawyer with copies of all docs on record.
NAGARAJ (Querist) 15 October 2017
minor children's are turned 55 years now.after lapse of 45 years claiming minor rights (after attaining majority of 30 years minors filed a partition suit)(in 2015 we demanded my mother for partition she refused and also stating that mother has only entry exit guardian she doesnt hv clear title to sell the property of minors) through filing a partition suit against their mother(natural guardian defendant no-1) i hv purchased this site in the year of 1970 and constructed house in the year of 1995 and till now i am in possession of this house. but defendant mother sold this site for legal neccessity of minor childrens. can i get any citations like as a natural guardian /kartha of the family -mother can sell a property (behalf of minor childrens) to third parties for legal necessity.
Ms.Usha Kapoor (Expert) 18 June 2018
I agree with experts.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :