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VMy father deceased in 2008. I was 8 years and my elder sister was 11. In 2011, my moms buisness ended up and we were in verge of help. So my Mom decided to ask for my father’s property rights. My uncle (fathers brother) said if we divide the property, its equivalent to 10 lakhs value, so he gave the money and got signed the release deed from my mother.
My fathers family ( my father has two brothers and a sister).As we were minor, my mom signed on behalf of us as parent/gaurdian.
Now recently they sold one of the property without our signature. So wanted to know do we have right as we were minor when the deed was signed.
Also as my mom was not in a position to fight, she didnt got to know the exact value of properties when they gave us 10 lakhs.
Now we feel its not the right amount we have got, as the values of poperties are very high now.
Can we legally fight? Or else its not of any use as my mom had signed the release deed.
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TLawyer here.
Your mother was your natural guardian when you were minor, therefore, any act done by her in that capacity is binding on you.
From the facts that you have stated, your right on the property has ended in 2011 and the present owners are entitled to deal with the property as they deem fir.
However, if you want to challenge the sale/transfer of 2011, you may file a civil suit for cancellation of the document. But you will have to contest that on the ground that your mother, being your natural guardian, did not have your best interest in mind. You will also have to sue your mother.
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VThanks for the reply, i have these 2 follow up questions.
1. If the deed gets cancelled, will I get my rights?
2. If I file a suit against my mother for selling the property without protecting my interest, and the court rules in my favor, will she be legally required to pay any compensation or damage. -
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LNAL.
You seem already been paid your share based on the market value in 2011. Now, if your uncle is selling the property at the current price, then you aren’t entitled to anything, I guess. Don’t be greedy when your uncle/family was fair to you in the past.
If they weren’t fair in 2011, then your point is valid, otherwise it’s not.
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VThanks for the reply,
We are not greedy, my mom asked them get it written that we are taking 10 lakhs from property value, and in future to consider the future value of 10 lakhs, but they made my mom to sign the release deed. As my mom was not in a postion to tackle situation, as she needed to take care of us she signed it on our behalf as well.
She was not in a position to get to know the exact value of properity as well when she had signed.
Ps edit: the deed was signed in 2014 not 2011 and they verbally said that 10 lakhs is the value currently in 2014.
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