Hi All,
I have a query regarding a partition of joint family property when sons were minor.
The Family tree is like this
Father(F1) had three sons and one daughter S1, S2, S3, and D1. Property belonged to F1.
S2 had 1 Wife (S2-W) and three sons S2-1, S2-2, S2-3.
Second Son S2 died before the partition. The Joint family property was partitioned between S1, S3, D1 and Legal heirs of S2 (S2-W, S2-1, S2-2, S2-3). Partition was done in 1994 and the three sons were minors at that time and were represented by their mother ie. S2-W. This partition was a unregistered partition.
Now in 2011, The first Son S1 sells his share of the land to the buyer. The Minor sons of the deceased 2nd son (S2) are now majors and the youngest is 23 and eldest 27.
My question is
1. Since when the partition was done, S2-1,S2-2,S2-3 were minors, Now they are majors. Can they now dispute the partition that happened in 1994. (It is basically their grandfather's property).
2. Can they claim any ownership over S1 share of property.
3. Is there a time limit after they become majors to claim a dispute.
4. Do you see issues in S1 selling his share to the buyer, without any NoC from the three sons of S2 who are now majors.
Your replies will help.
Thanks in advance for your answers.
-Bala
