Amit Patil 28 August 2023

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

Hello All,

I am amit from karnataka India, My grand father purchased 2 acre agricultural land and a house built on 2Gunta's of 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),

from the date of purchase till 2012 my father's name was there in documents(like RTC's/Utara's), but in 2012 my uncle got mutated his name with the help of gram panchayat.

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 for agricultaral land,(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.

In 2020, my aunt dragged us to court asking for 2/3rd share, So when I approached lawyer, we came to know it was purchased on my fathers name and we appealed in front of assistant commissioner to cancel my uncle's name and we won there, now my fathers successor(me, my brother and my mothers) name is there in RTC.

now the daughter(my aunt/bua) has filed a partition case in the court. my uncle has also joined hands with her and trying to get a 2/3rd share. on all the above said properties.

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.

My uncle was born during the purchase of both above said properties, and my aunt may be in womb/not born during the purchase of both these properties.

Can some one help me to get a suitable law / citation , how this properties get distributed, so that I can explain this to my aunt and stop her as it is taking a lot of time in court.

Any suggestions would be appreciated hard!!

Special mention: My lawyer is not able to find suitable law or citation he is asking for citation which help us, so help will be greatly appreciated.

Thanks a ton in advance!!

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 29 August 2023

Actually the property was purchased by your grandfather but on your father's name when he was a minor by age.

However your grandfather did not object the continuance of the title to your father after he became major and your grandfather was alive when your father became major by age.

Thus it is established that your father owned the property with clear and marketable title on his name.

This fact was established by the reversal order passed by the authorities concerned to revert the name in RTC to your father's name after you made a complaint against your uncle.

Therefore your father's siblings partition suit is not maintainable and they are not entitled to any share in the property.