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Harichandan Pulagam (NA)     19 May 2013

Grandson's claim over property sold by grandfather

I purchased a plot in 1989 in Bangalore. The seller didn't inform me while selling that he had grandson (who was minor at that time). We came to know of this in the year 2006 and also that the seller had died. Now the grandson is claiming right to the land. He says that he has filed an injunction in court so that I may not be able to sell the land but I never received a notice from the court. I am the owner of the property under BBMP records (Bangalore Mahanagara Palike). I have been paying property taxes all along and the tax payments up-to-date. Now I want to sell the land because I have an urgent need for money but I don't know if I am legally entitled to do so. Could you please tell me if the grandson has a right over the land?



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 3 Replies


(Guest)

You will need to make sure that, whether the grandfather (seller) had acquired that property out of his income, i.e. whether it was his self-acquired property or not?

 

If yes, means the property was grandfather's (seller) self-acquired, then no one could restrain him from disposing-off his self-acquired proerty to anyone. In this case, the grandson's claim will be no problem for you.

 

But, if the property was not self-acquired, it was ancestral, means the proerty was devolved upon the grandfather (seller) through his ancestors, then such property cannot be diposed-off as self-acquired. Then the grandson is eligible for his father's share out of the ancestral property, only  if the seller (grandfather) had not taken consent of all the then existing claimants of the property, at the time selling the property to you.

 

BUT, the grandson's claim will not sustain if he has not started legal proceedings at earliest possible opportunity after becoming major. So, also check that how much time he has passed idle after becoming major.

1 Like

Harichandan Pulagam (NA)     19 May 2013

Thanks for replying Mr. Naik. It was an ancestral property. The seller's son was never in the picture. So I don't know about the grandson's father's share in the property. The minor was 12 years old when the property was sold. Assuming he became a major by 1995, its been almost 18 years since he has become a major.


(Guest)

The limitation period for such claim is 12 years only and he started legal proceedings after 18 years, that means he is late by 6 years! In my opinion, his claim defeats.


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