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Daniel (Scientist)     15 July 2010

claim for partition

A family  comprising of a mother and six children (father deceseased) in very poor financial condition developed their ancestrol property into a residential layout (1998) by entering into a contract with a developer.  The sale was done to support their family needs and invest in further properties. A portion of about 20% of the area was retained by the family and the rest converted into a layout.  Later the family constructed nearly 15 houses in a portion of the retained land and given them for rent and also purchased farm land for agricultural  purpose and are now living jointly in large newly constructed house and financially very sound.

The family had executed a GPA authorising the eldest son to sign the sale deeds while the promoter did the marketing in 1999 and sold the sites.Court permission was not obtained in regard to the minors.

The Minors who later attained majority did not claim anything even after 3 years of attaining majority. They were well aware of the sales and witnessing all the construction activities in the layout and participating in few sales.Now it has come to the notice that the minors are planning to file a case against their other family members who were majors and few of the site owners of the sold layout to claim their legal share. Is it legal to include few of the site owners now in the suit? Can the property retatined by the majors be compensated to the minors? 


 



 2 Replies

ravi shankar sharma (advocate)     15 July 2010

dear mr.daniel, as per my opinion in regard to your query i would say that the minors can ask for their share despite this technicality of limitation act. however the participtaion in few sales by the minors will twist the case upto some extent. best regards, R S Sharma adv. mail address- star_legaleagle_2007@yahoo.co.in

Bobby Mani T (Lawyer)     16 July 2010

YOu will not get an easy walk through in your case.  Still you may try.  There are few lacunas in you case.  the first is that you ought to have filed the case on attaining majoirty, the second is that the property is sold for the benefit of minors.  So you will find it difficult to get a relief, even then you may give a try. When studied in detail some loophols may be worked out.


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