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Amjad   15 December 2018

Can I stop my father from selling property?

Can I stop my father from selling the property which he bought on my name when I was minor? He Bought the porperty on my name when I was 8 years old as a guardian.


Learning

 7 Replies

Shashi Dhara   15 December 2018

Yes u can do it.if he refuse file declaratory suit and change khata and property records to Ur name.

Amjad   15 December 2018

Dear Shashi, Thanks for you suggestion! I have 2 sisters. Are they legally eligible for there share in this property which was bought by my father in my name when I was minor? Regards, Amjad

Siddharth Srivastava (Advocate)     15 December 2018

yes you can.

Kumar Doab (FIN)     17 December 2018

Probably you are all Muslim.

IT is not clear you are male or female.

Confirm!

Kumar Doab (FIN)     17 December 2018

In the meantime GO thru;

Supreme Court of India

Meethiyan Sidhiqu vs Muhammed Kunju Pareeth Kutty & Ors on 2 January, 1996

Equivalent citations: 1996 AIR 1003, 1996 SCC (7) 436

Author: K Ramaswamy

Bench: Ramaswamy, K.

 

And

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN MONDAY, THE 20TH DAY OF NOVEMBER 2017/29TH KARTHIKA, 1939 A.S.No. 809 of 1998 ( ) ----------------------- AGAINST THE JUDGMENT AND DECREE IN O.S.NO.28/1996 OF SUB COURT, VADAKARA DATED 09-02-1998 APPELLANT/PLAINTIFF: ------------------- CHIRAKKAL PEEDIKAYIL KOMBI ALIYUMMA, AGED 51 YRS., D/O. SOOPPY HAJI, VELLOOR AMSOM, CHALAPPURAM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADVS.SRI.G.SHRIKUMAR (SR.) SRI.ZUBAIR PULIKKOOL RESPONDENTS/DEFENDANTS: ---------------------- 1. KOMBI MAMMU HAJI, AGED 69 YEARS, S/O. SOOPPY HAJI, RESIDING AT OORAYIN KUMMANKODE AMSOM, NADAPURAM DESOM, VADAKARA TALUK. 2. EARATH KOMBI KADEESA, AGED 49 YEARS, D/O. SOOPPY HAJI, KUMMANKODE AMSOM, DESOM, VADAKARA TALUK. 3. OORAYIN KUNJHAMI, AGED 60 YEARS, W/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. (DIED) 4. KOMBI PATHUTTI, D/O. MAMMU HAJI, AGED 41 YEARS, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. 5. SISTER JAMEELA, AGED 39 YEARS, D/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. 6. SISTER SUBAIDA, AGED 37 YEARS, D/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. 7. SISTER MARIYAM, AGED 35 YEARS, D/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. AS809/17 - 2 - 8. BROTHER SOOPPY, AGED 33 YEARS, S/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. (DIED) 9. BROTHER HAMEED, AGED 32 YEARS, S/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. 10. BROTHER NAZAR, AGED 30 YEARS, S/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. 11. BROTHER ALI, AGED 29 YEARS, S/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. 12. BROTHER BASHEER, AGED 27 YEARS, S/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. 13. SISTER SHAHARBA, AGED 26 YEARS, S/O. MAMMU HAJI, KUMMANKODE AMSOM, DESOM, VATAKARA TALUK. ADDL. 14. SUHARA, W/O. LATE SOOPPY, AGED 45 YEARS, KUMMANKODE AMSOM, NADAPURAM DESOM, VADAKARA TALUK. “ 15. SAHAD, S/O. DO. DO. “ 16. SUHAS, AGED 23 YEARS, S/O. DO. DO. “ 17. SUHANA, AGED 20 YEARS, D/O. DO. DO. RESPONDENTS 3 AND 8 ARE SHOWN AS DIED AS PER ORDER DATED 1.3.2012. LEGAL HEIRS OF DECEASED 8TH RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 14 TO 17 VIDE ORDER DT.27.7.2017 IN I.A.NO.1822/2015. IT IS RECORDED THAT 3RD RESPONDENT DIED AND RESPONDENTS 4 TO 13 ALREADY IN THE PARTY ARRAY ARE HER LEGAL HEIRS VIDE ORDER DT.17.8.2017 IN MEMO DT.2.2.2012 CF.NO.852/12. R1 AND ADDL R14 TO R17 BY ADV. SRI.PARTHASARATHY BY ADV. SRI.B.KRISHNAN

 

And the illustrated situations under which property of minor can be alienated by Legal Guardian/Guradian.

 

The minor on attaining majority can elect to either accept the sale or get IT declared void from court of law, within 3Y from attaining majority.

Ref; Limitation Act; Article ;60

 

Anyone in Republic of India can approach court and this right cannot be infringed upon.

 

Court shall decuide the matter on merits.

What is the opinion of your own LOCAL counsel that has examined all docs and inputs on reord!

Kumar Doab (FIN)     17 December 2018

To approach court is right of every citizen of Republic of India.

You can certainly approach court and pray for desired relief.!

 

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

Amjad   17 December 2018

Dear Kumar Doab, Yes, we all belon to Muslim - Sunni.

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