How can I claim share in the property which my mother gave away
13-Dec-2023 (In Property Law)
After my father's death, my mother was made to sign a document saying that my mother does not want the property which was jointly in the name of my uncle and my father. My mother signed on behalf of us as we were Minors. This happened in 2003. We regret our mother's decision and would like to file a case for that property. Is it possible to file a case against our uncle instead of my mother. If yes then what are the chances of us winning the case
The query suffers from lack of basic and material information:
Had your late father made a Will/ gift in favour of your father?
Was the document, which your mother had signed, is duly registered?
When was the document signed/executed?
When did the children become major?
When they had acquired knowledge of the transaction?
Had your late father made a Will/ gift in favour of your father?
Was the document, which your mother had signed, is duly registered?
When was the document signed/executed?
When did the children become major?
When they had acquired knowledge of the transaction?
After the death of fathers his share in the property distributed to his legal heirs. His legal heirs can relinquish their right over the property only through relinquishment deed properly registered under Registration act.
The action of your mother is not legally sustainable when you are at the time of minors. You can challenge the same within 3 years from attaining major. So file a partition suit for getting the share
The action of your mother is not legally sustainable when you are at the time of minors. You can challenge the same within 3 years from attaining major. So file a partition suit for getting the share
You are entitled to the share of your father. Therefore, any sale of the minors property could have been done with the consent of the court only. If she had not obtained court permission while selling your rights in the property, you have an option to challenge the sale immediately on becoming a major.
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