Ancestral property - father has expired Ancestral property - father has expired

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 ?

Anik

Responded 1 month ago

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A.Dear Client,
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.
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Anonymous

Replied 1 month ago

thanks for responding sir.,
so the sign made by the mother on behalf of that minor son while selling the property is in-valid?

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Subhashis Paul

Responded 1 month ago

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A.If she refuses to sign any affidavit then you should consider the said transaction as illegal since the minor son also holds and possess an equal share of right unlike his brother and mother but since he is a minor now therefore his mother is the natural guardian and has the right to take decisions on behalf of their minor son. She needs to provide a written consent to the buyer that she is providing her free consent for the same .The minor shall get his share of consideration money in the future after attaining the age of majority. If there is no evidence of consent provided by his mother on behalf of him and /or if he have not received the said consideration amount of his share after attaining the age of majority, then he may sue the other parties involved in the said transaction since he is also an equal share holder of that ancestral property.
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Anonymous

Replied 1 month ago

Thanks for making time to respond to my query , I really appreciate it.
My another doubt is , Since the mother being the Guardian to that minor son, she had already signed on-behalf of the minor son while selling the property, Will that (on-behalf sign by mother) be considered as VALID or IN-VALID?.
will that sale-register document can be considered as the evidence of consent?

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Subhashis Paul

Replied 1 month ago

Absolutely yes... its valid because at the time of minor, his mother is considered to be his sole guardian who can take decision on behalf of him..

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