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qwaja (owner)     10 August 2019

property share of a minor

a muslim male dies intestate leaving behind a wife 2 minor sons and 1 minor daughter in 1950.wife sells all the property of him in 1960. can those children file a suit for their share of property.pls advice


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 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 August 2019

Ji, after a gap of 70 years?  as he died intestate, his wife as guardian mother on behalf her minor children and in her own capacity sold the property in those days (some decades back) is valid. 

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G.L.N. Prasad (Retired employee.)     11 August 2019

When the property is sold for necessities of maintaining a family, the sale is always valid.  What is the source of mother to support the family of 2 minor sons and getting one daughter married till they secured employment on their own is the issue . What were the children doing after attaining majority ?  There is limitation period for every claim.  Do not be mislead by those friends or relatives with half knowledge and do not be ambitious to get the property after 70 years, when minors might have attained majority 50 years back.

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Shashi Dhara   11 August 2019

The minors attained majority within three yrs 21yrs they have approached court .now it has barred by limitation
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