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SRI HARSHA   01 April 2018

Rights of minor on attaining 18 yrs in property

My Grandfather has purchased a house in my father's when he was 17 years. My Grandfather was expired. Now, Is my father has clear rights in that property? Now, My father's age is 52. He has a sister and his mother is alive.


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 13 Replies

R.Ramachandran (Advocate)     01 April 2018

It is your father's personal property.  He has absolute right over it.  Nobody else, whether his mother, sisters/brothers, sons/daughters have any right or claim over the said property during his life time.

Vijay Raj Mahajan (Advocate)     01 April 2018

This is your father's self owned property that he has absolute right to use and dispose as he so please. No other relatives can object or claim share in the property during his lifetime.

G.L.N. Prasad (Retired employee.)     01 April 2018

With due respects to experts  the opinion expressed by them  may be true / presumptions in general sense.

There may be other circumstances also.  At 17 years a man on his own can not earn that property.  Simply because a property is held in the name of son, it can not be always said that he is absolute owner without dispute.

it depends on the facts of each case.  Simply because the property is named in the name of a son for inheritance or some other purpose he can not claim exclusive rights and he may be a trustee for other co-sharers.

In case of disputes, the father should show as to how he acquired the property in his name at 17 years and hsi earning , his father's earning were also to be considered.

In one case known to me, having a land in his own name is qualification for getting Petrol Bunk Dealership.

The son is not educated and has no other competency.  The father then was employed a Top Level Management cadre.

The property was named in the name of only son to show him as avocation, as he is undivided son, and for smooth inheritance.

During his father's life time, the son has sold the property to his own father in law .  The father has purchased the property for Rs.2.50 lakh, title deeds are with him, and son is not knowing even the value and sold it for Rs.22,000/-  Neither father in law nor son in law ever informed the fact of sale to any one and both died suddenly.

Now the sons of father in law are enjoying the property and mother is fighting in courts for a decade to establish it as fraud and to get back her share.  

Now as the matter is more than 45 years, oral submissions are not proper and every submission should be through documents.

G.L.N. Prasad (Retired employee.)     01 April 2018

R.Ramachandran (Advocate)     01 April 2018

@Mr.GLN Prasad:

Pl. backup every legal proposition that you state either with legal provision, or judicial precedents.

Without that, whatever you say is off the mark and not legally sustainable.

The very fact that one case is dragging for 45 years shows that how hollow the claim of the fellows who instituted the wrong claim over the property.  

Suppose my grandfather/father gifts a property through registered Deed in favour of a minor son/daughter, when the minor is just one year or two year olds, do you mean to say that such a minor son/daughter is not the absolutely owner of the said property?  Will you say that since the minor is not even able to walk and did not go to school etc., he/she is not the absolute owner of the property?

G.L.N. Prasad (Retired employee.)     01 April 2018

@Thiru Ramachandran

What have been stated is on going case.

Coming to the following specific point:

"The very fact that one case is dragging for 45 years shows that how hollow the claim of the fellows who instituted the wrong claim over the property"

The facts are as under.

1.Owning commercial land is the only qualification for son to get retail outlet dealership. Mother's house was mortgaged by father and son to acquire this commercial land.  After death of father, son could not refund mortgage money, son sold  mother's property and paid the loan.  The mortgage deed stated the son's status as undivided son.

2.The land was leased to a Private Sector Under taking with super strucrtures for a period of 20 years initially  from 1960 with a clause for renewal with pre determined enhanced rent after 30-4-1980

3.As the rent was  being received regularly, there was never a suspicion of alienation of the land leased .  After expiry of the son ( owner/lessor) in 1998  , the  grand children (dealer(1)  filed a partition suit within months in 1999 when their father was very much living  (After  earlier partition and separation 25 years back and dealer's (1) death in 1973) stating to court that their grand father has purchased the property in court auction and himself leased the property, but no document was filed before the Court.   The court has granted a preliminary decree.

4.Mother has come to know of such partiion,  suspected fraud and commenced legal struggle since 2008. Her only suspicion was that a man who expired in 1973 can not enter into lease from 1-5-80 and receive lease rent, and the lessee and dealer mislead the court.  The version of mother is that he has never taken any employment and has no education, and the property was self acquired by her husband kept in the name of son for smooth succession and making him settle in life.  Mother's version is that he can never supported his family and son remained as dependent with his wife and 3 children on father during his life time. Thus he claims that acquiring such property at that age is highly improbable without any source of income.  The PSU/lessee version differs from time to time.  Finally they have admitted that they have on 11-2-1980 (property was sold in 1964) requested the lessor (son) for renewal of lease, but they have not received any communication from lessor and hence no lease deed was drawn but enhanced lease rent was paid to him during his life time till 1998. PSU are denying information stating that their information is held in fiduciary capacity.

5.The version of the dealer is that son/lessor was an employee with LIC of India with his below qualification of SSLC and acquired landed d property of Rs.2.50 lakh (Value as per Registration stamps) and  built super structures worth Rs.1 lakh between 1952 to 1954 it is his self acquired property, and he sold the same to his father in law for Rs.22,000/-  voluntarily at hsi own will .  LIC came into existence in 1956.  The PSU has informed that the lessor has dues with them to the extent of Rs.22,000/- and their dealer has paid them the dues.  The fact is that lessor was never a dealer of Petrol Bunk and he can never have such dues.  After 10 years, inspection of PSU records was taken up and a concealed document was found that there were never any dues from son or their family and they have received refunds from PSU.

A declaration suit was filed and the trial commenced two years back and yet to commence as several petitions are being filed by defendants.  

There are several complex issues involved in this.  Whereas mother says that partition was never lost, as her son has leased the property, the dealer claims that his dealership has given him the possession.  (A dealer is just a licensee and can not claim possession as per DPSL Agreement and there is a supreme Court Judgment).

Initially a partition suit was filed stating that son's alienation can not bind the share of her property.  Trial court, ignored lease and dismissed the suit with a finding that she has lost possession and hence to pay court fee at market value and establish fraud by filing declaration suit.  The case went to HC, HC dismissed the appeal  agreeing with trial court and without getting sale deed cancelled, she can not file partition suit.  Against this a declaration suit now.

All these are facts including the dates.

Now who are the wrong fellows instituted such suit is left to the Court-

a)whether it is innocent mother (of lessor who allegedly sold the property in 1964), but executed registered lease agreement, renewed it in 1980 and receiving lease rent during his life time till 1998

or

b)the legal heirs of dealer who allegedly purchased in 1964, never mutated the property in corporation records, never entered into lease or taken single rupee lease rent since 1964 till now, and claimed possession in their capacity of dealer, when the lessor was a stranger. (The unofficial version is that being illiterate the dealer can not get license and showing an agreement to purchase is enough for getting petrol bunk dealership, and such agreement might have been obtained to get dealership)

or

c)Public Authority that has been occupying the land without any lease agreement since 1-5-1980, on rent fixed in 1964 which do not cover even 5* of actual Municipal tax being paid by lessor, that attorns any one as land lord, if some one sends them a notice for vacation, or who proposes paying rent since 1-5-2000 for property purchased by them in 2012 (Paying lease rent for 12 years before actual purchase by third party without any such lease, after receiving vacation notice)

R.Ramachandran (Advocate)     01 April 2018

@G.L.N. Prasad,

Have some heart.

Pl. do not vomit here whatever you have come across, without caring to know whether there is any similarity of facts.  Otherwise, there will be no difference between YOU (claiming to be an expert) and the Querist who is not aware about the legal position.

Try to asnwer to the specific query instead of beating around the bush.

The querist has clearly indicated that his Grandfather had purchased a house in querist's father's when the querist's father was 17 years.

In the above factual background, the Querist wants to know whether his father has clear rights in that property?  

Your answer, to say the least was totally WRONG, and completely unknown to the existing laws in India.

SRI HARSHA   01 April 2018

@ R.Ramachandran

 

Sir,

But when my father approached a bank for loan by mortagage of these property, they said he can not mortagage without the consent of his sister and mother.

Now, what can we do?

R.Ramachandran (Advocate)     01 April 2018

@Sri Harsha:

Whether the REGISTERED Original Property Document, i.e the document through which the Purchase was done, in favour of father is available with your father or not?

R.Ramachandran (Advocate)     01 April 2018

@Shanabhaug Manchu:

You said that "all of you above think that you are above all and given your headlong opinions" and professed that you will quote one judgement here.

What a conceited person you are!

Whatever that you quoted, even a lay person can say with no fear of contradiction, that has no relevance whatsoever on the issue that is being discussed in the Thread.

Keep your professed judgment to yourself!

SRI HARSHA   01 April 2018

@R.Ramachandran

Yes, alla relevant documents are with him.

Kumar...... (occupation )     01 April 2018

Originally posted by : Adv Kamakshi (Nellore)



Originally posted by : SRI HARSHA



My Grandfather has purchased a house in my father's when he was 17 years. My Grandfather was expired. Now, Is my father has clear rights in that property? Now, My father's age is 52. He has a sister and his mother is alive.





This is not as easy as it looks. Vijay Mahajan and others have simply put their experience.

There are other laws.  Women have to be given equal share. All that is there.

One thing you have to understand. Once you approach court, the property in question is stuck as long as the case runs.  Ultimately based on facts of case you might win case also but as rightly pointed out by Shanabhaug Manchu.  Due to presence of article 226, judge can order anythng he wants and only appeal window is open. HC then SC.  So only time is lost and some advocate like me or Vijay mahajan will make money. Instead of that try to settle matter by paying money to opposite party.

 

You, share your BCI registration number

 

Rakshita Malur   02 April 2018

All advices already provided. You may chose best one.


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