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Pk Pk   09 January 2022

Rights of children in a inherited land sold by mother

Dear Experts

A land was bought in the yr 1987 from a women. This land was inherited in nature to that women. In that year, two children were 18+ and two were below 18. None of the children signed in registered deed at that time. Now in the year 2022 can the children claim their rights in the land? Buyer of that land is cultivating all these years. 



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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 January 2022

If there is no surviving spouse, the children generally inherit the entirety of the estate. If the decedent had some surviving children and some children who predeceased him, the grandchildren are usually entitled to a share. There are two basic models of how grandchildren inherit.

Pk Pk   10 January 2022

Thanks for the reply. Doesnt the limitation act apply here? The registered sale deed was done more than 25 years back. 

Aarushi   11 January 2022

Dear user,

In this instance when the woman sold that property, and the buyer got the possession of that property, the transfer of a tangible immovable property was completed according to section 54 of the Transfer of property act and hence the woman loses all rights related to that property. So, naturally all the successors of that woman also loses any rights related to that property.

I hope I was able to solve your query. Please feel free to put follow up questions, if any.

Pk Pk   11 January 2022

Thanks for the reply. Transfer of property was done via regsitered sale deed. Only doubt i have is women signed but her children didnt sign. Farming is done in that land by the current owner. Still can those children put their claims in court saying they were not aware of this sale? In that case how to safeguard the land


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