Property sold not as per will and share not given Property sold not as per will and share not given

1 month ago

My Grandmother (Religion HINDU), before dying, registered a will in which she divided the property (Agricultural land) in 5 equal parts ( 4 parts for 4 sons and 1 part for me (Grandson)). But after her death, sons divided sale proceeds in 4 parts and i (Grandson) was not given any money. This happened about 8-9 years earlier. Now when i am demanding my share, they are denying it and are not willing to give me any money. Out of her 4 sons 1 has already died, but her wife and son are alive. Can i claim for my part from the sale proceed from all sons.
One of the son (my Father) has already paid my share , but other 3 sons are denying any payment.
Kindly help and suggest can i file as case against the sons for not paying my share and under what sections.

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
In the absence of your age at the time of selling out the inherited property by the legal heirs after the demise of your grandmother and your present age, your query cannot be addressed suitably. It may be noted that if minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the father whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Hindu Minority and Guardianship Act, 1956 states that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or in any other mode without the prior permission of the Court. In case of an urgent requirement of funds, the natural guardian of the minor children will have to make an application to the court praying for the transfer of that property. As per Sec.12 of the Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. As per the Supreme Court judgment on the sale of minor property in Saroj v. Sunder Singh & Ors., the Supreme Court ruled that a guardian cannot sell a minor's part of the property without the permission of the competent Court. However, if the minor objects to the sale or transfer of the property, the court will hold the transaction void. To impeach the transfer of immovable property by the guardian, the minor must file the suit within the prescribed period of three years after attaining majority. So, your age is crucial to address your query properly.

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Anik

Responded 1 month ago

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A.Dear Client,

The claim appears to be time-barred, as it should have been pursued within three years of the sale. Despite this limitation, you may still receive a legal notice and face potential civil proceedings from the concerned parties. It would be advisable to prepare for such actions accordingly.
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Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear sir
It is time barred. You should have claimed within 3 years of such sale. Any way you may get a legal notice and initiate civil proceeding against three of them.
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