can a minor buy property

This query is : Resolved 

Querist : Anonymous (Querist)
16 June 2010

My father has 2 brothers and he was having a partnership firm with one of his that firm is being dissolved.
in our house my grandmother(who died in 1992)had bought a lot of property in the names of her sons though the property was jointly owned.Now this one property was bought in 1975 in my chachas name who ws 17 yrs 11 months old at that time.
pls note that this ws bought by my grandmother ..just it had my chachas name in registry and he was 17 yrs old at that time.
As all properties are being distributed now(because of partnership being dissolved),my uncle refuses to give my fathers share in that property.He says that since the registry is in his name the prop belongs to him.....
Is there a legal way to fight it.Can legally a minor buy a property
Please guide

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A V Vishal (Expert)
16 June 2010

Can legally a minor buy a property

Ans. Yes, although he is incompetent to enter into a contract, the parents can enter into such a contract for the benefit of the minor.

Is there a legal way to fight it.

Ans. Your query is silent whether the house was bought out of the joint family income or by selling any ancestral property.

Querist : Anonymous (Querist)
16 June 2010

yes sir this property was bought out of joint family income but the registry is solely in my uncles name.. now he refuses to give share to anyone

Querist : Anonymous (Querist)
16 June 2010

in the registry there is no sign of the parent neither is it mentioned that he was a minor at that time.
It is a contract between the buyer and my unckl..

A V Vishal (Expert)
16 June 2010

Two things need to be proved:

1. That the property was out of the income of the joint family

2. That your uncle was a minor at the time of the purchase.

adv. rajeev ( rajoo ) (Expert)
16 June 2010

Minor cannot buy the property, but in his name his guardians can purchase the property in the name of minor.
You father can file a suit for partition but he will have to prove that property bought in the name of minor is purchased by grandmother.
To prove that your chacha was minor at the time of purchase of the property burden lies on you to ease it.

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