class II land
smita jitendra sardar
(Querist) 13 July 2011
This query is : Resolved
class II land was given to A under Bombay Tenancy and Agricultural Lands Act,1948.After the death of A his 3 children B,C,& D become the owners.C and D died leaving behind 3 minor children. B sold the said land to X with the collector permission that X cannot sell the said land without his permision and land should be used for agriculture purpose only, if use for other purpose the land will go back to the B. Now question arise whether children of C & D can claim share in that property? when the property was sold they were minors so there consent was not taken.
Raj Kumar Makkad
(Expert) 13 July 2011
B being exclusive owner of his share obtained the permission of collector and sold his share legally and there is no occasion to take NOC from the minor children of deceased C & D. The legal heirs of C & D have no any legal right to claim the property sold by B within his share if the same was self acquired and was not ancestral.