Sale of ancestral property

AS PER INDIAN PROPERTY ACT MINOR CAN NOT ELIGIBLE FOR CREATING CONTRACT, SO A MINOR CANNOT SELL PROPERTY WHICH IS ON HIS NAME. UNTILL HE GOT AGE OF EIGHTEEN YEARS,IN ABOVE CASE BEFORE GIVING MY OPION I WANT TO KNOW THAT THESE MINOR BECOME OWNER OF SAID PROPERTY AS A LEGAL HEIRS OR DIRECTLY BUY PROPERTY FROM THIRD PARTY
 

1. The provisions of section 8 of the Hindu Minority and Guardianship Act, 1956 are devised to fully protect the property (.if a minor, even from the depredations of his parents. Section 8 empowers only the legal guardian to alienate a minor's immovable property provided it is for the necessity or benefit of the minor or his estate and it further requires that such alienation shall be effected after the permission of the Court has been obtained."

@Querist,

1.Mr. Khanna has wrongly spelt the act name.There is no such act named 'Indian Property Act'.Probably he wanted to say Indian Contract Act.

2.Never ever engage in a transaction where a minor is involved.

3.A minor consent is not valid.Therefore,beware.

4.A guardian can do contract on behalf of minor children only when it's for their benefit.

5.An important element is missing in context of minor and that is 'Consideration'.Any contract which lacks consideration expect in certain cases is not enforceable by law.

6.If the property was exclusively in the name of minor,even consent from them cannot bring you a safe side.Don't be confused,it's hard truth that even their guardian cannot sell the property in question no matter minors consent were obtained.

7.Restitution in cases where there is a mistake of fact.But not guaranteed.

At last I would recommend you not to involve in these type of transactions.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Hi,

My Grandfather gave money to my father by selling his flat in 1990 for him to purchase other flat.

Now my father has two properties one flat and one shop. Father age is 50

My father made a oral commitment to me that leave my house i will give u shop to use which i aggred.

As I was not paying Rent for shop(which i am using) my father he ordered me to leave house.

Even after running whole expense of house(Maintance,servant,dairy,electricity,medical,travel,social,vegetables everything....)nothin shared by parents he expects me to pay him shop rent too.

He has even sold all my gold(not touched his gold) including my wife mangalsutra to close some loan.

Currently I am in possesion of shop running my bussiness have recently separated from father place.

Shop is now goin into redevelopment and Municipality has ordered to vacant shop.

Builder is going to provide rent for 24 months in advance during redevelopment to resume bussiness.

Now father has refused me to provide rent given by builders as its in his name.

Do i hold right to get this property as i am feeding my family on it.

It would be impossible for me to pay house rent and shop rent....

My parent says its all my property in my name so u have not right on it.

where shuld i go i dont have house nor shop!

so please advice Do i hold right to get this property as i am feeding my family on it.