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Ul1221   03 October 2016

Minors property rights after 3 years of attaining mojority

We live a sad world with disgusting people.

I have a few doubts and I was hoping that I would get some details to clear it.

In 2005 ( I was a minor in 2005 ), my so called family sat together and discussed that the ancestral property ( belonging to my deceased grandfather ) would be transferred to my grandmothers name. It was an oral discussion. Grandmother lives in the village with one of her sons. The other sons live in the cities. So my father and his brothers signed the general power of attorney and other docs without reading it since they blindly trusted the head of the family ( grandmother ).

But only now we realised that my grandmother has transferred all the property to her son living with her since she wants the property with her favorite son. In the gp, we were shocked to see that the property has been transferred to the village son from my grandmother to which all brothers have signed. 

I agree it was a foolish mistake to sign without reading but no one in the world would guess a mother to be a fraud.

The thing is that  I was a minor at that time. I turned 18 in 2008 and unfortunately we realised the fraud committed only now.

Somewhere I read that a minor can file for his rights within 3 years of attaining majority and unfortunately it is 2016 now and more than 3 yrs have been passed.

 

Can anything be done ? 

 

 



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     03 October 2016

Once the limitation period is over, contact your advocate, and argue that you have come to know of alienation or about such document of GPA only recently.  You have to take some risks and this can be possible only with the help of all co-sharers who should stand as witness.

It is not clear about the contents of GPA.  When GM is not having exclusive rights as her self acquired property, alienating in the name of only son is not legally proper.

Contact a sincere and committed advocate to find a solution.


(Guest)

Sir,

You have a case. You should urgently consult a lawyer and file a suit for setting aside the transfer, declaration, and consequent partition. Call me if you need further advice.

Regards,
Rit Arora
Advocate
7838737001

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     13 December 2016

Dear UI1221,

You have not mentioned when your father died. whether the GPA was registered or unregistered one.

after registration of POA and before the death of your father, does your grandmother transferred the property to your uncle.

Basing on the above facts, exact suggestion can be rendered. 


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