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campraj (ceo)     08 May 2017

Limitation for claiming - after attaining majority

THE CASE


Mr. S.  ( unmarried )  owned a house site in TN by purchase

in 1998 ,Mr.S. gifted the house site to Master Minor by a registered Settlement deed when Master Minor was 11 yrs.old. in 1998. Mrs.XX the mother of Master Minor was put as guardian..

MrS, Master Minor, and Mrs.XX all three did not act on the settlement .The settlement deed or any other parent documents or the possession of property were not handed over to Master Minor or Guardian mrs. XX. Hence the house site remained in the possession of Mr.S only.

 In 2001 ,Mr.S sold the house site to a Purchaser P- 1. for a consideration through his Power of Attorney agent Mrs.XX ( who happens to be the Guardian too
)  (Age of Master Minor was about 14 at that time ).

In 2003 the Buyer sold away the house site to a Purchaser.P-2 Age of Master Minor was about 16

In 2005 Master Minor became Mr.Major. aged 18 yrs.

In 2008, for Mr.Major  a period of  three years elapsed after attaining majority.
As a measure of abundant caution ,
in 2017 the Parties Mr.S ,Mrs.XX and Mr. Major issued a Notorised  Affidavit  of NOC to Purchaser P-2  to enable P-2 obtaining of Revenue records( Patta ) and NOC for P-2 ‘s  continued title and possession of the house site . P-2 has revenue records transferred in his name.This amounts to affirmation of the sale deeds.

Always, the three Mr.S. ,Mrs.XX and the Mr.Major are in the same family and continue in good affection and terms. All of them are in complete affirmation of the two sales of 2001 and 2003.and are in good terms with P-1 and P-2..Twelve years have elapsed after attaining majority.

Is there any  further registration deed or action is now needed by P-2 to strengthen P-2’s title?



Learning

 18 Replies

Kumar Doab (FIN)     09 May 2017

It is interesting matter.

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

Kumar Doab (FIN)     09 May 2017

Sale is by Natural (Dejure) Guardian.

3 years from attaining majority (by minor) and 12 years from sale { by Natural (Dejure) Guardian } are over.

Kumar Doab (FIN)     09 May 2017

Refer:

Hindu Minority and GuardianShip Act, 1956:8,11

Guardianship and wards Act, 1890:29

Limitation Act:60,65

Kumar Doab (FIN)     09 May 2017

Your own counsel  might have advised that now minor's (then minor) claim  may suffer from limitation.

 

If all are in harmony as posted by you, then visit local counsel of unshakable repute, specializing in revenue/property/civil matters and he/she may can opine after examining  all docs on record and may advise declaration by minor (then and donee). 

campraj (ceo)     09 May 2017

I am very very thankful to Mr. Kumar Doab's replies.The Lawyer heresuggests  one among the following and did not refer to 3 years point.. A) Ratification now by the donee orB) Cancellation of the unenforced Settlement deed. There are some who suggest that after theelapsed times and the notorised affidavit ,nothing more is necessary under harmony conditions. Sir," What is significance of 12 years from sale "? and also what is Declaration ?Please enlighten me Sir.

Kumar Doab (FIN)     09 May 2017

It is Mr. Kumar Doab.......................


Pls correct.

 

Kumar Doab (FIN)     09 May 2017

You are welcome.

 

Kumar Doab (FIN)     09 May 2017

12 years from prescripttive sale by Natural (Dejure) Guardian , 3 years from attaining majority (by minor) are mentioned as two conditions for limitation.
 

 

Kumar Doab (FIN)     09 May 2017

Prefer 2nd opinion from a senior local counsel of unshakable repute, specializing in revenue/property/civil matters. 


campraj (ceo)     09 May 2017

Thanks a lot Sir.By the by , what is the option Declaration? Can it be registered? It can be feasible.

Kumar Doab (FIN)     09 May 2017

The online discussions are not substitute to face to face discussions with counsel specializing in respective or concerned field of law and considered opinion based on examination of docs and inputs in person.

The online discussions can not be conclusive and beyond a limit.

Therefore you must discuss with a local counsel specializing in revenue/property civil matters and of unshakable repute and integrity.

 

 

 

Kumar Doab (FIN)     09 May 2017

The prespectives A,B posted by you seem to be right.

Declaration could be possible and can take into account all previous steps and declare on everything and put all speculations to rest in future.

FInally: discuss in person with your own able counsel and decide in consultation with your own local counsel.

Kumar Doab (FIN)     09 May 2017

Avoid persons loitering at On line portals like LCI posing as Experts to allure unsuspecrting querist, fishing for business.  

There are endless numbers of threads at LCI also by querist that have been fleeced at LCI.

 If you are confident that you are well versed and can handle your matter as PIP ( party in Person), go ahead.

Preferably proceed under expert  advise of your able counsel as above.

campraj (ceo)     10 May 2017

Thanks again Sir. I understand the points. I will confidenatly proceed with God's grace.


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