by fiynn » Wed Aug 01, 2012 3:35 am
Hindu Succession Act,1956 applies to all States in India including U.P.
There was a property of the deceased Hindu (1984) which was inherited by his wife & children, was sold by her (1985).
The property devolved to all the heirs of the deceased Hindu which was his widow having one share as well all his children each having one share in the said property.
What I can make out the property in question when sold by the widow, she had on minor son who at that time (1985) had no legal right to give consent for this sale being minor and his lawful share was sold by his legal guardian namely his mother on his behalf keeping in mind his over all welfare including the financial support for him at that moment of time.
Now after becoming adult this son is interested to revoke the sale on the ground that his consent was not taken for the transfer of the property,
Firstly as stated above the sale of the complete property done by mother on her as well the minor son's behalf was valid at that moment of time, secondly this transfer of immovable property took place 27 years back the time limitation for challenging this transfer of immovable property is already time barred and no court shall have jurisdiction to entertain such suit challenging the transfer of the immovable property on this ground itself.