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Can the previous owner ask for his rights after selling the property?


16-Dec-2023 (In Property Law)

the owner has sold the property to us. we have the name of the property in my grandfathers name. the property was sold the father of the owner as he was a minor at that time. can he claim it back?

Answers (3)

Answer #1
856 votes
Dear Concerned, Though your query does not seem to be complete in all important facts of the case, however, it can be made out that the said minor had a share in the said property. If the share of minor is sold, the minor, on attaining majority, can claim the property back on the ground that the money received from the said sale was not utilized for his own purpose or was not credited to his account.
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Advocate Avneesh Garg

Adv. Avneesh Garg

LawRato Delhi | 25+ Answers
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Answer #2
827 votes
Hi I believe the property was sold as a guardian of the minor for the benefit of the minor. In the documents executed while effecting this sale,there has to be a recitation of the capacity of the person executing the documents of sale ( i.e that he was selling it for and on behalf of so and so who is a minor etc)Therefore it will be beneficial to see the recitation in the documents of sale. In any case once the transfer of property has taken place it is final and if he wants to reclaim it he has to approach a court of law. because it it was sold for and on his behalf and for his benefit he can not claim it back.
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Advocate Pravin Sharma

Adv. Pravin Sharma

LawRatoDelhi | 5+ Answers
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Answer #3
721 votes
You have not mentioned what type of property is. If it ancestral property or it was on the name of minor if it is so then how his father sold it. Whether it was through GPA or he was nominee .please share all details regarding property as different type of property is governed by different laws
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Advocate Avdesh Chaudhary

Adv. Avdesh Chaudhary

LawRatoNoida | 25+ Answers
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