Minor property sold in 1991 with court guardianship& 1997
2 years ago
my father passed away in year 1991, After that my grand father transfer the rights to us and my father's brothers(totally 4) ,
For us mother act as guardian for his 2 sons (7years),(14years) received the property
In 1993 my mother got court permission to sold property ( court instruct that need to submit sale copy, minor account deposit copy, otherwise guardianship is cancelled)
No bank account opened for minors and sale deed copy also not submit to the court
In the year 1997 another property sold at that time 2nd son is minor
My mother has not got any permission from court for guardianship
But in that document mention guardian for her 2nd son
Now my age 37 as 2nd son what I need to do
Still both the property land is empty land only
Rajinder Pal Singh
Responded 2 years ago
Sidhaarth
Responded 2 years ago
Lucem Leg
Responded 2 years ago
A.Dear Sir,
As the property is an ancestral property so you can claim it. Also if your mother has sold that property even after not obtaining the permission from the court, the sale executed in respect of the said property is invalid and hence you can challenge it.
Also you can file the complaint against your mother for the fraud she has done with you without obtaining the consent from you to sell the property.
Kindly rate the response.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You have all rights to claim back the property from your mother. Your mother didn't act as per the guidelines of the court so she lost the guardianship right and the sale deed she is executed is completely void. You could file a suit in the civil court to claim that land which is your ancestral property and you have all right to claim the same.
Thanks
Please rate if you find this advice helpful.
As your mother haven't got any permission to sell the property, the sale deed she executed is completely invalid and you could claim the property back. Also it's your ancestral property you have all right the claim the same.
Thanks
Please rate if you find this advice helpful.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago