Legal advice and legal services

Q. Legal heir of property

Dear Sir / Madam ,

My father has bought a land ( around 2000 sqft ) from one a person 'X'. Person X was a GPA agent with full rights
to sell the land ( 0.43 acres ) either fully or part by part. The mother document shows the information as follows:

In 1966 , the land ( 0.43 acres ) was with Person A and he died in the year 1990. As per the legal heir certi cate ,
the land has become the property of his spouse and 6 daughters. In the year 2005 , 6th daughter expired. The legal
heir for the 6th daughter ( person Y ) as mentioned in the certi cate is her spouse , son ( 16 years by 2005 ) ,
daughter ( 13yrs by 2005 ).

In the year 2007 , Person A's spouse , 5 daughters and 6th daughter's ( person Y ) spouse , son ( major ) has signed
the GPA with person 'X' and given full power to person X ( from whom my father bought the land ).They have not
got the signature of daughter of person 'Y ' as she was minor during 2007. ( 15 yrs by 2007).

From the power agent ( person X ) my father has bought the land in the year 2010.

Is it possible for the daughter of person Y to claim a share or the entire land from my father now ?

Thanks for the clari cation.

Asked 3 years ago in Property Law from Chennai, Tamil Nadu

A. Yes she can claim her share within 6 months she becomes major if some body represented I the deed as her
guardian. If not she can claim her share in the same and you are bound to give it.so to avoid that you must get an
a davit from her father and one by her father on her behalf if minor or by her if major that she will not claim her
share in the same or get a no objection from her and she has approved sale and will not claim in future.have her
father sought the permission of the court before and saw court order for selling the property.for any clari cation
or doubts opt for consultation

Jeshma (/lawyer/jeshma-mohandas-kp)
Mohandas KP
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A. Hi, from your narration is a joint family property all the legal heirs have right in the property so consent of the all
the legal heirs is must..... so "Y" has every right to claim the property.

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Q. Thanks for the info. With the help of the above said property of my father , I am planning to apply loan for a sum of
15lacs. Is there any other ways to get the loan sanctioned ?... by signing some agreement between the bank and
self stating that i shall take the responsibility of such encumberances.
Asked 3 years ago

A. Hello,
You certainly can go ahead with the loan.You can sign an indemnity bond on a Rs.200/- stamp paper and
indemnify the bank of any incumbrances
As the husband of the 6the deceased daughter has already goven GPA to the seller you may not meet with a
problem although the settled law is that all legal heirs are rightful holders and is capable of challenging the sale.

S J Mathew (/lawyer/s-j-mathew)
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A. But if she claims the property's hen it might create problem. Since minor is involved bank will ask for a davit or
no objection saying she won't claim it. So get it and proceed

Jeshma (/lawyer/jeshma-mohandas-kp)
Mohandas KP
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Legal advice and legal services

A. 1) you have not mentioned whether GPA on basis of which your father purchased property was registered or not

2) you have not mentioned whether GPA executed registered sale deed in your father favour?

3) whether mutation has been done in your father name .

4) one of the legal heirs namely minor has not signed GPA .

5) she can on becoming major challenge sale deed executed in favour of your father .

6)you can make application for loan . bank will get your documents vetted by its legal department . based on title
clearance certi cate bank will sanction loan .

7)bank may or may not accept the indemnity bond executed by you .

Ajay Sethi (/lawyer/ajay-sethi)

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A. 1. Person Y's minor daughter was also co-owner of the said property,

2. District Judge is the custodian of minor's property whoce sanction should have been taken before sellng the
said property,

3. If Bank detects the said defect in the Title, it will not sanction any loan even against your assuarance,

4. If possible, execute a sale deed for the share of the said daugher if she has become adult now. There is a risk
also in asking for such sale dee since she may ask for a price,

5. However, it is prudent to settle the matter with the said daughter now by registering a sale deed selling her
share of the property to your father since otherwise the title of your father on the said property will be at stake
even if you get Bank loan.

Krishna Kishore (/lawyer/krishna-kishore-ganguly)

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Krishna Kishore Ganguly (/talk-to-a-lawyer/krishna-kishore-ganguly)

A. hi,
if the minor wants to claim the right she /he should have done by this time as there is a three years limitation
period to initiate legal steps after attaining majority.
You can apply for the loan , let the bank scrutinise the document as per their requirement .

Thresiamma G. (/lawyer/thresiamma-g-mathew)
Mathew
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A. A. Minor interest can be transferred by natural guardian, but it should be bene t of the minor child.

B. Minor can question any transaction within 3 years from the date of attaining majority.

C. Sale cannot be executed to anybody unless registered the GPA. Father of the minor can represent the minor's
interest for the bene t of the same. Hence the minor sign in GPA is not necessary if natural guardian signed in
GPA by representing minor child.

D.There is no bar to apply for loan, the bank will disburse the loan after scrutiny of legal documents.

B.T. Ravi (/lawyer/b-t-ravi)

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Q. I have made a few observations from the document. Pls validate it is true or not.

1.advice
Legal In theand
legal heir
legal certi cate dated 15.11.2005 , the age of the girl is mentioned as 13.
services

Considering the worst case like her date of birth is 15.11.1992 ( 13 yrs and 0 days on the day of legal heir
certi cate ) , She has completed 21 years now. ( i.e 3 years completed after majority ).

I have read from online sources about the limitaion act as follows :

No court shall grant permission to the natural guardian to do any of the acts mentioned above except in case of
necessity or for an evident advantage to the minor. Now, the question is whether any alienation made by a natural
guardian without previous permission of the court is illegal for ever. Under Section 8 (3) any disposal of immovable
property by a natural guardian, in contravention of the above provisions is voidable at the instance of the minor or
any person claiming under him. Therefore the alienation is not void but it is voidable at the instance of the minor
or any person claiming under him. If the minor, on attaining majority (18 years) chooses not to challenge the
alienation, the alienation will be perfectly valid. But, on the other hand, if he challenges the alienation, the validity
of the alienation will be decided by the court. However, such a challenge should be made within 3 years after the
attainment of majority. Any suit to set aside an alienation of minors property by the guardian led more than three
years after the attainment of majority is barred under Section-60 of the Limitation Act. Therefore the alienation
cannot be challenged by a minor after three years from the attainment of majority.

As per the current situation , Could you please con rm whether she cannot claim my father's property ?.

Thanks for the valuable suggestions.

Asked 3 years ago

A. she cannot make any claim on father property as 3 years have passed since she attained majority . her claim
would be barred by limitation

Ajay Sethi (/lawyer/ajay-sethi)

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A. She cannot make a claim after attaining majority if so she must claim within 6 months. But if she says her date of
knowledge about the same is now only you will suffer and she can claim.so for better side take an a davit from
her

(/lawyer/jeshma-mohandas-kp)
 Jeshma
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A. A. If she completed 3 years after attaining majority, it is completely barred by limitation.

B. Natural Guardian is permitted to transfer minor's property in case of necessity i.e. for the bene t of the child.

C. However, 3 year limitation period shall be deemed that minor's absolute right to claim.

B.T. Ravi (/lawyer/b-t-ravi)

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Q. fhghfh
Asked 3 years ago

A. what does this mean ?

Ajay Sethi (/lawyer/ajay-sethi)

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A. What you meant

 Jeshma (/lawyer/jeshma-mohandas-kp)
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A. I think it's happening with oversight, mistake

B.T. Ravi (/lawyer/b-t-ravi)

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A. Hello,
She can not as already the limitation period has passed.

S J Mathew (/lawyer/s-j-mathew)
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A. 1. I opine differently,

2. If the minor, after attining majority, les a petition for condonation of delay stating that she has come to know
about the illegal alienation recently, then his delay in ling the suit may be condoned.

Krishna Kishore (/lawyer/krishna-kishore-ganguly)

Ganguly
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kishore-ganguly)
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Legal advice and legal services

A. Hello,
What does fhghfh mean?

S J Mathew (/lawyer/s-j-mathew)
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A. --Yes, daughter of person Y can claim her share (1/3rd of 1/7th part). i.e. the share allotted to Daughter no.6 of is
1/7. As she died in the year 2005 this 1/7th share is divided into three parts i.e. husband, daughter, son. As son
has become major and has been added to the GPA there is no problem. But as the daughter is still minor she can
claim her right when she becomes major. So, you have to keep her share aside and her guardian will be her father.

The other alternative is the guardian of the daughter (i.e. father) has to obtain permission of the court and then
you can add the daughter's share in the GPA.

Ravinder Pasula (/lawyer/ravinder-pasula)

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