Property issue
saurav jain
(Querist) 14 October 2015
This query is : Resolved
HELLO ,
In 1967 a mother and her 3 sons has sold me her husband's property which is about of rs. 2000000 now.At that time two daughters of her were minor.so mother and her sons didnt said anything to them..But now daughters wants to claim their portion of share in their father's property..Are they entitled ??..or if yes then what would be the timelimit to file a claim ? and from whom she is eligable to file a claim ? And what is my liability in this case ? i was simply a buyer.
Rudrawar Narayanreddy
(Expert) 15 October 2015
need to know the property is self acquired or ancestral.
in case self acquired property of her husband wife has no right to alienate the share of the minors who inherit in definite share. The minors can challege the sale deed within 12 years or within 3 years of thier attaining majority.
In the case of ancestral property When there are sons wife can act as karta of the family and can sell the property for family necessity. daughters having no any right in those days cannot seek the partition it is saved from the 2005 amendment.
In your case the property is sold in the year 1967. there is no chance to challenge the sale deed now either it is self acquired property of the husband or ancestral.
P. Venu
(Expert) 15 October 2015
Whose property? How it came to be vested in the mother and the sons excluding the daughter(s)? When did the daughter(s) and/or their children come to know about the transaction?
Rajendra K Goyal
(Expert) 15 October 2015
Consult local lawyer and show him all the documents.
There seems negligible chances of success in the claim of the daughters after almost 50 years.
Kumar Doab
(Expert) 15 October 2015
Consult local lawyer and show him all the documents.
Probably the daughters have only thought of and have not filed any suit.
K.S.Srinivas
(Expert) 17 October 2015
Well advised by Sri Rudrawar Narayanreddy.
T. Kalaiselvan, Advocate
(Expert) 18 October 2015
Expert Mr.Rudrawar Narayana Reddy has given a clear picture, the author may pursue the matter accordingly.