LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Seeking help to claim my property

(Querist) 30 December 2023 This query is : Resolved 
Hi Team,

I am HR professional with no job right now from past 6 months. I am looking for a lawyer who is specifically deals with Property legal issues. I have my grandparents property(building) which was sold by my father 30 years back when I was minor (I am in 3rd class elder son). The buy forcefully made us to sign the signatures on the documents. But I am minor at that time and was completely illegal to do so. I want to claim my property. We are 3 brothers. I think they might come if this is successful to claim. Please help in this to claim my property which is legally mine.

Thanks and waiting for your valuable response.

T. Kalaiselvan, Advocate (Expert) 30 December 2023
You can choose a lawyer either from this forum or outside, collect all the relevant papers and visit the office of the advocate with prior appointment, discuss the subject at length and proceed as suggested.
kavksatyanarayana (Expert) 30 December 2023
The ancestral property was sold by your father 30 years back and at that time are your grandparents alive? How many children your grandparents had? After getting the majority, why did you not ask your father about selling the land?
Kumar (Querist) 31 December 2023
Grandparents has 3 sons, and the land has been distributed. I am talking about my father side land. I did not know and hardly remember those things. Later I came to know that. I am now 42 age. I memorise that the buyer is scared of any conflicts if he faces in getting signed from Minor.
Kumar (Querist) 31 December 2023
that I come to know most of the information from my Mother before her expired. My Parents are no more as well.
We are 3 brothers by 2 wifes.
T. Kalaiselvan, Advocate (Expert) 31 December 2023
Grandfather's proeprty is not ancestral property.
Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
The share of your father from his father becomes his self acquired property after inheritance.
Therefore there was no necessity to obtain your signature whether you were minor or major by age at the time of your father selling his share in the property.
In any case you cannot claim any share out of the said property as a right.
You say that your signature was obtained by your force when you were minor by age, if at all you had any rights in the property you should have claimed it within three years from date of become an adult i.e., the age of 18 years.
Your claim will be rejected or not maintainable even if you attempt to claim in law in whatever angle you may approach to the proposed relief
You will be at loss of money, energy and time is you still proceed with a civil suit claiming your share on misguidance by any greedy person because it is not tenable in law.
Kumar (Querist) 03 January 2024
Yeah, I can understand, but I am not sure if property is from Property inherited by a Hindu ancestral property.

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

Click here to login now