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nandeesh (sr. execituive process)     15 July 2013

Property share from my mothers property

 

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Dear respected sir/madam

Iam Nandeesh 

my mother and her sister purchased there fathers property in 1995

and my mother sold the property to  her sister itself in 1997 -in that year myself 17 years minor ( iam only one son ) / they didn't get any signature from me and now iam 33 years 

now at 2012 my mothers sister make a joint venture with the developer stating the same sentence

''AND WHEREAS  smt susheelaalong with her son namely  Shri V.Nandeesh have jointly conveyed there property has dimensions sold this ''

now iam 33years 

whether I can file a suit against my mother sister claiming the property

i have claims in it  please advise





 12 Replies

nandeesh (sr. execituive process)     15 July 2013

Nandeesh My dob 21.11.1979 While my mother selling the property to her sister is may 3 rd 1997 Exact age of mine 17 year 6 moths Without my signature how my mothers sister acquired the property

nandeesh (sr. execituive process)     15 July 2013

Regarding this property 

1. Is it  property share claim for me when my mother selling the property my age is exact 17 years 6 month

2. If I have a claim pls advise how to claim this

please advise

nandeesh (sr. execituive process)     15 July 2013

If it claims please advise

basavaraj shiromani (Advocate)     15 July 2013

You Told that the property was purchased in the name of your mother and her sister, that meaans the property becomes self acquired property of your mother and her sister. Your mother has got all the rights to enjoy the same without obstructions of anybody.  He has sold it to her own sister, you cannot challange it.. Since it was her self acquired property you cannot claim the proprety on the grounds that you were minor at the time of purchase or sold. 

 

But thing is that, at the time of purchase of the said proeprty, what type of fund was utilized to purchase is important.  If it was from the joint family nuclus, that means ( funds from your ancestral property) then question would arise to claim the property and the property sold to somebody does not biding upon you etc.  

 

If better answers comes, I well come. 

 

Basavaraj. Advocate

nandeesh (sr. execituive process)     15 July 2013

Thank you for ur valuable advise sir

my father is a government employee / he expired in the year 1993 may 

my mother she is not working after my father  death she got the compensation amount from the government  of 1.5 lakhs

she utilised the amount and purchased the half of the propert for 2 lakhs

pl advise sir

nandeesh (sr. execituive process)     15 July 2013

Dear sir, 1.Do I have legal rights in my mothers owned party which bought in 1995 which with bought by my fathers death compensation at 1993 (1.5 lakhs )

          2.she got the property -( my mothers father after death the property came to there legal children ) 3 male and 5 female .So all 8 children's decided to sell the property within there 8 members so my mother and younger sister decided to purchase and finally it is partioned. all 3 male children's 1 lakh each other and 5 female + mother. 50 thousand each so totally  5.5 laks so my mothers and my younger sister paid to all and she got the property by dividing it  by mother utilised mt fathers death compensation.

3. My mother  sold the property to her sister itself  at 1997 may my age is 17  years  6 months

4 . My mothers sister made a joint venture to the fdeveloper by stating the sale deed that  half property purchased from  my mother and putting my name

basavaraj shiromani (Advocate)     16 July 2013

your first question is differs from another but even then I have already answerred to your second question in my first answeritself. 

Basavaraj.Advocate.

9741270648

nandeesh (sr. execituive process)     18 July 2013

Thank you sir for ur valuable legal advise Sir

i applied certified copy of my family nucleus mother property which she sold in 1997 may to her sister in that they have mentioned '' smt susheela guardian of Nandeesh 17 year old minor in that my signature s not there which I said to you earlier sir

whether I can have claims in that 

please advise sir

waiting for your valuable reply

basavaraj shiromani (Advocate)     18 July 2013

If you prove that your mother purchased the said proprety out of joint family nublus, then you will definitly winn it 

 

Basavaraj. Advocate

nandeesh (sr. execituive process)     19 July 2013

Sir my last final question please respone

My mother sold the property in the year may 1997 myself was 17 years 6 months old

my advantages

1. No deposit amount shown in my name

2.without my signature

3. While buying the minor property they have to get the acceptance from the court that also not done 

my only last doubt is 

# sold in the year 1997 now 2013. Almost 16 years over whether I can claim now after 16 years is there any year limitation in the court of law

# if I file now what are major points shown in the notice please help

nandeesh (sr. execituive process)     20 July 2013

Respected sir,

If I make a suit I want to make one of the party as my mother 

whether the law asks my mother as a natural guardian ti him why u didnt get acceptance from the court before selling the minors property

is there any problem to my mother I I file the case

please response

Advocate Ravinder (Advocate/Attorney)     15 August 2013

I completely agree with Basavaraj. Your all questions are already answered by Basawaraj. If you carefully go through his answers you will find answers to all your questions. 


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