Property forcefully taken by uncle when we were minor

970 votes

Hi
You can file a case on your uncle and take over the property .
Grounds of you filing a case will be
a) A minor property cannot be transferred without court permission
b) Forceful grabbing of minor land
c) Even assuming your father had signed the property transfer deed, it is illegal as he had no right on the property even as a guardian and more so if there is no court permission, any transfer of minor property is illegal and void.
you should file a suit for declaratory title. i can help you with filing and you can contact me through Law Rato

Advocate Rajagopalan LawRato

900 votes

Since you were a minor under guardianship of your parents and entitled on the property as one of the owners, you always stand a strong chance to get the property back

do ensure you have all the legal documents with you (atleast photo copies) to have the documentation initiated

Section 4 (a) of the Hindu Minority and Guardianship Act, 1956 says “a person who has not completed the age of eighteen years”. Under Section-6 of the said Act, the natural guardians of a Hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property) are -

“(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

(b) in the case of an illegitimate boy or an illegitimate unmarried girl - the mother, and after her, the father;

(c) in the case of a married girl - the husband;

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

(a) if he has ceased to be a Hindu, or

(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi)

Explanation.—In this section, the expressions 'father' and 'mother' do not include a step-father and a step-mother”.

Under Section-7 of the said Act, the natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother. Under Section-8 (2) of the Act, the natural guardian shall not, without the previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor or

(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

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 minor’s property by the guardian filed 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.

Advocate Rajkumar Yeddu LawRato

630 votes

the land registered on your name is self acquired by your grand father. if it is ancister property your fathers share has transferred on your by your grand father.
at the time of registered of land you are minor and if it so who is guardian and your grand ma is not having any right to register the property.
if your grand fathers self acquired property and he registered a will on your name then he registered a will on your grandma name then she can transfer the property on her wish.

Advocate S.Malla Reddy LawRato