Sale of property
Raja
(Querist) 31 March 2012
This query is : Resolved
Gift deed executed on 7/10/2005 by grandmother aged about 75 to her grandson (d.o.b. 22/04/1996) as his parents divorced and both left him, and the grandmother is only person looking after the minor grandson. the grandmother is the legal hirer also.
now grandmother want to sell the property as she need money to survive.
so whether she need to file suit for revocation or can directly sale the property as legal guardian ?
what is the easy way to sale the property?
Deepak Nair
(Expert) 31 March 2012
A gift deed cannot be revoked. She cannot sell the property now. Only her grandson can.
convince the grandson to sell the property.
Raja
(Querist) 31 March 2012
grandson is minor.
can he sell?
Deepak Nair
(Expert) 31 March 2012
By gifting the property, the minor became the owner.
Property of a minor cannot be sold in India
vinay vaidhya
(Expert) 31 March 2012
Obtaining a permission from court stating to sell a property of a guardian
Adv.R.P.Chugh
(Expert) 31 March 2012
What's gifted is gifted. Though she can in an extreme case go in for Declaration/cancellation of gift deed u/s 31 of the SRA. However for that she'd have to prove that the gift was voidable or void at her behest, and she is rescinding that. Tough to prove. Might get hit on limitation too.
However If the grandmother was appointed the legal guardian - then she can sell the property after permission of court - and court would allow so only when the same is for evident advantage or benefit of the minor. If sold without court's permission - the transaction would remain voidable at minor's behalf and he can challenge it within 3 years of attaining majority.
Raja
(Querist) 31 March 2012
"he can challenge it within 3 years of attaining majority"- if not challenged within 3 years, then what are the other possibilities arises?
also please define the date of attaining majority and 3 years thereafter.
Shailesh Kr. Shah
(Expert) 31 March 2012
There is no chance to revoke gift deed, since there is no irregularity.
what is the easy way to sale the property?
Answer:With permission of the court, property can be sold subject to benefit of the minor.
Rasik Dagli
(Expert) 31 March 2012
The minor is now the owner of the property. Grand Mother can not sell the property as her own property. If she sells as guardian of minor, the minor can challenge the same after attaining majority. If there is a legal necessity, GM should obtain permission from court to sell minor's property.
R.V.DAGLI
Advocate.
prabhakar singh
(Expert) 31 March 2012
TAKE THE PERMISSION OF COURT AND SELL OTHERWISE ONLY BHARAT CHUG IS RIGHT.
Raja
(Querist) 01 April 2012
the property is already sold by gm. now, whether the minor can sue only after attaining the age of majority or before that there is any scope? i have to defend the minor.
prabhakar singh
(Expert) 05 April 2012
The minor in person can sue only after attaining majority,however any one claiming to be his next friend whose interest is not in conflict with minor,can file the suit with permission of court after getting appointed as guardian of minor in the same suit.In nut shell,the next friend shall file the suit along with an application for his appointment as guardian.Read provisions contained in ORDER XXXII. SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND
of CPC.
