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Vivek (eng)     28 February 2012

Regarding sale of land by father of a minor son

Hi Sir,

I am trying to buy an apartment in Bangalore and as an initial step went through the documents they have till now regarding the land they bought. I found that initially the land was owned by one guy who inherited it. He sold it to a second guy in 2004. The second guy sold it to my builder in 2011. Since the land was inherited by the first guy, my builder got a confirmation deed for the sale of land from first guy to second guy from the children of the first guy, to prevent an issues in the future. This deed was done in 2011. But one of the child of the first guy was a minor in 2011 when this deed was made (16 years). In the deed it is written that the guardian of the minor child (the first guy, ie. the childs father) has given consent for this sale. Since the child is minor does this confirmation deed have any legal value? Can the minor on becoming an adult challenge this sale and cause issues?

 

Please let me know your thoughts.

Thanks in advance

Vivek



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 February 2012

Minor's property cannot be sold without the permission of the court.  Minor can challenge it within 3 years immediately after attaining the majority.

1 Like

Bharatkumar (ADVOCATE )     28 February 2012

Adv. Rajeev is right, please take a court order then registration a sale deed. 

1 Like

Vivek (eng)     28 February 2012

Thanks a lot for your replies. How much time does this process take? Is there no other way to make it legal?

Thanks in Advance

Vivek

Bharatkumar (ADVOCATE )     28 February 2012

six to 12 months for precess. (please contact local lawyer and discuss about this matter)

1 Like

SACHIN AGARWAL (ADVOCATE)     28 February 2012

Mr. Rajeev is right.

Vivek (eng)     03 March 2012

Thank you all for your valuable input. As you had suggested, i contacted a lawyer and he said this is not a big issue. I was not very satisfied with that and so I contacted another lawyer. He also said that this is not a big issue. I am not sure why they are saying that. When i asked them if the deed is legal they are not giving me a clear answer. All they are telling me is that the land deal loks ok and they are asking me to go ahead and book the place. What should i do? Please help me.

Thanks in advance

Vivek


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