Property dispute

Querist : Anonymous (Querist) 06 August 2011 This query is : Resolved

Respected sir,
The schedule property was owned by Raj.After his death his son Mohan got inherited the same property.Thereafter there was partition among his family by entering into compromise decree in year 1977 before the hon'ble civil judge.
In the year 1980 mohan died and his wife seema acquired the property.Then seema and her son were in joint possession of the property till 1995.
In the year 1995 seema formed 15 residential sites in the schedule property and sold 10 for the benefit of her minor son.
The son after attaining the age of majority from the year 1999 his mother seema jointly sold the balance 5 sites.
After seema expired in the year 2010. Her son has now filed case against all the 15 site property holders.
In the above mentioned property's some of them have already constructed and some are under construction.
Now he is claiming that his mother have no rights to sell the property without consent of the son and also he's asking share of the sold property.
kindly request you to suggest to save the property.

Follow Query

Report Abuse

M/s. Y-not legal services (Expert) 07 August 2011
As of your statements while sale the last 5 plots in the year 1999 he was major.. So he fully knowledged about the sale.. So he can't claim to cancel the sale deeds which were in the year 1999.

M/s. Y-not legal services (Expert) 07 August 2011
Then about the earlier sale also he can't claim anything.. Cos if any one was minor at the time of sale mean, after attend the major age, with in 3 years from the date of major or with in 3 years from the date of knowledge he should be initiated the proceedings.. But he is major in the year 99 itself. But filing suit in the year of 2010 only. So he not file the suit with in 3 years from his major age. On the other hand earlier sale was in the year '95. But in the year '99 he sold the remaining plots with mother. So he can't take the grounds as date of knowledge also. So the buyers no need to worry about that man.

prabhakar singh (Expert) 07 August 2011
As you say"The son after attaining the age of majority from the year 1999 his mother seema jointly sold the balance 5 sites."
It means""In the year 1995 seema formed 15 residential sites in the schedule property and sold 10 for the benefit of her minor son.""AS GUARDIAN OF MINOR.
HIS present stand deems wrong as you say
""Now he is claiming that his mother have no rights to sell the property without consent of the son and also he's asking share of the sold property.""
He should have exercised this option just with in 3 years after attaining the majority.
He is blackmailing as 12 years from 1999 to year 2010 does not complete 12 years counting.
Expert Tom has a right opinion for you.

Previous

Next

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

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries