Minor's share release

What do you do and where do you live?

Thank you.

If minor now if  he is major and completed 21 years he cannot claim any right over sold property .

Without court permission, the minor's property cannot be transferred.

The court permission is to be obtained to sell the  minor's property.

But she has transferred the share of minor in the property to her name by executing a release deed unto herself, i.e., as an executor as well as the donee, which is not valid in law.

The court will grant permission to sell minor's share in the property if the same is poved before the court that the purpose was in the intereest and welfare of the minor child, whereas the court may not permit her to release minor's share in the property unto herself, this can be considered as an illegal act including land grabbing offence.

The Indian Majority Act 1875 and the Indian Contract Act 1872 state that a minor of age below 18 years is not eligible for signing any document related to property transactions. It can only be done when a guardian or a parent taking care of the minor legally is allowed to sign.

Thank you all for your valuable answers.

Nagesh

What is the context for this query? Is the son still a minor? If not, is he aware of the sale? If so, when did he get to know of the sale?

Sir,

Present owner is now trying to sell the property.  The boy is stil a minor. He may or maynot be aware of the  Sale and its implications.

Nagesh

File suit in civil court on behalf of minor child as next friend and obtain stay not to alien ate it.

Originally you had stated that "the mother representing his minor son as guardian, executes a REGISTERED release deed obtaining the release of her minor son's right, title and interest in the property  IN HER FAVOUR and subsequently sells it", but now you improve the statment as "Present owner is now trying to sell the property"

Apparently, the posting is a riddle than a query. 

Dear Mr.Venu,

You misunderstood, I have written " ......  subsequently sells it.

Mother had already sold the property. Now the person who had purchased the property is trying to sell it. And I happended to verify the  documents and found that Minor Share is involved.  It is a genuine case of clariying the doubt, and by no means a riddle.

Hope I have clarified your doubt.

Thanking you,

Nagesh.