Ancestral property - father has expired
1 year ago
What can be done in case of a ancestral property , where the father has been expired and rights of that land transferred to the name of wife+two sons(one being major and other is minor). if the mother and major son sold this property without the consent of minor son. the mother had no knowledge to take permission from court to sell the share of minor son but still they managed to sell the land with signing as guardian on-behalf of the minor. but the buyers had given the cheque saying this is the share for that minor boy and that need to be deposited into his bank account. but that cheque also got bounced unfortunately/fortunately. but the buyers took back that bounced cheque and handed over the amount mentioned in that cheque by CASH to the major son. its been 2 years and again that buyer sold this land to new buyer, this new buyer seems like checked with his lawyer and now asking for the aadhar card + signature of this mother on a affidavit ,saying since the cheque got bounced the whole responsibility of the son will taken care by the mother until he becomes 21 or something. but mother has refused to sign. my question is why this new buyer wants the mother's sign and aadhar xerox? what problems he may get in future ? and final important question is , is this minor boy has any rights to fight for his share in his ancestral property once he become major ?
The minor also holds a right in the property, but until he attains the age of majority the mother becomes the natural guardian of the minor. The minor on attaining majority can get his share of consideration money.
Hope it helps.
Subhashis Paul
Responded 1 year ago