Minor right

raghavendra (Querist) 23 October 2019 This query is : Resolved
Sir/mam

While buying ancestral property is this necessary take minor signature on sale deed or father or mother name is sufficient.

is there court permission required to act natural gurdian on behalf of minor

Please advise me.
Thanks

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Guest (Expert) 23 October 2019
Legally the Court's Permission would be mandatory

P. Venu (Expert) 24 October 2019
Minor's signature is of no consequence; the minor guardian can sign. However, the minor can repudiate such transactions on attaining majority unless there was Court's permission.

Hemant Agarwal (Expert) 24 October 2019
1. Court can appoint only a "Legal Guardian". Court has no jurisdiction to appoint anybody as a "natural guardian"

2. While purchasing property in name of Minor, "ANY" of the natural guardian or legal guardian, can sign on behalf of the minor, as akin to a constituted attorney only. Minor is not legally competent to Contract, hence minor's signature shall be legally infructuous.

3. Ancestral Property can be purchased only after following Partition proceedings, which was done by following due procedure of law.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Expert) 27 October 2019
Minor is incompetent to contract, hence his/her signature on Sale Deed qua his/her share in ancestral property is "meaningless" "invlid" an "illegal".
Minor has to be represented through his/her guardian.
It is advisable to contact and consult a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding.

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