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Amit Patil   25 January 2023

Property purchased in the name of elder son when he is minor at the age of 8

Hello All,

My grand father purchased 2 acre land on my father's name when he is minor at the age of 8, then my grandfather died leaving behind my father, my uncle and his one daughter(now, unmarried and handicapped), now my father is expired in 2018.

in the year of 2019 we (my mother, me and my brother), my uncle and my aunt executed a GPA to a third person outside of my family,(As we did not knew that property was bought on my father's name, we came to know after she approached the court) for developing the land now it is converted to NA Layout and some of the plots have been saled.

now the daughter has filed a partition case in the court. my uncle has also joined hands with her and trying to get a 2/3rd share.

Can any of my dear friends suggest, how the property is distributed is it going to be 1/3 of property to all.

or only my father will be absolute owner as it is purchased on his name, with the own earnings of my grandfather.

All were born when the property was bought(my father, my uncle and my aunt)

Appreciate your answers.

Thanks in advance.



Learning

 8 Replies

Shashi Dhara   25 January 2023

Defend in court that they are not entitled for any share as your grand father has purchased land as minor gaurdian as to your father ,.

1 Like

Amit Patil   25 January 2023

Please suggest me the law/section which help me to defend this in court.

Real Soul.... (LEGAL)     26 January 2023

Just submit your written statement and sale deed as evidance. Since the proeprty is in the name of your father ,his legal heirs  alone are entitled to the proeprty and the case in not going to help your uncle or aunts 

1 Like

Amit Patil   26 January 2023

Thanks, I got your point.

But my lawyer is not able to figure out/taking time to find the right law or section on which he is supposed to take defence so I need the law/section which helps us.

Sudhir Kumar, Advocate (Advocate)     29 January 2023

I have different view.

 

No doubt property was in the name of your father.  But at the same time it was a landed property and your (even if born after purchase of property) and your aunt an uncle (even if born after the purchase, though you did not clear it) had no business or right to be unaware of he title of the property whose GPA you were all signing. The landed property is always registered and the documents (even if not held by you) are available for public scrutiny.

 

It will be very difficult for you to prove that (i) you never knew that it is your property; and (iii) you never voluntarily relinquished your claim.

 

You had a right on the property but it seems you have relinquished so in 2019.  However, correct view can be formed only on local inspection of property and perusal of the deed you signed.

 

In such like matter whether you get the land or not is secondary but loss of relations is sure and certain which is more than the value of property.

Amit Patil   29 January 2023

Just let me know if the property belongs only to my father or not, if yes under which law we should fight for that?

Dr J C Vashista (Advocate)     29 January 2023

Your father was absolute titleholder (owner) of the property purchased in his name by his father.

Contest your case accordingly, no separate law required / exist.

Amit Patil   29 January 2023

Thank you Dr J C Vashista, is the general power of attorney going to affect us as we executed it with my uncle and aunt.

Once my aunt went to court then only I came to know that it was purchased on my father name, till that I was unware and we all executed GPA.


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