Issue in buying a minor property
Chirag Bhargava
(Querist) 20 December 2011
This query is : Resolved
Seek your advice on the following situation :
I am planning to buy a property in Gurgaon which belongs to a minor.
I understand that one needs to get a certificate from court which entitles the guardian to sell the property to me and we are in the process of getting that certificate.
However i have been told by another lawyer that no matter whatever certificate i get from the court, minor can anytime claim the property once she turns major.
Sir Please guide if this is the case and property belonging to minor will always remain with issues
Sailesh Kumar Shah
(Expert) 20 December 2011
If permission of District judge obtained for purchase of property, then He can't legally claim, when he turns major.
Chirag Bhargava
(Querist) 20 December 2011
Minor's property cannot be sold by de facto guardian: SC
"In a major order concerning hindu guardianship act, the supreme court has held that no person acting as defacto guardian can sell the property of a hindu minor and on attaining majority if he sells to another person the earlier sale by de facto guardian would be null and void"
Please help me in understanding this order stated by SC
ajay sethi
(Expert) 20 December 2011
It is true that in India a minor has him self no capacity to enter into a contract, and a contract entered into by him is void: Section 11, Contract Act; Mohori Bibi v. Dharmodas Ghose, 30 cal. 539 : (30 I. A. 114 (P.c.).) When however, the guardian of a minor enters into a contract on his behalf there is no want of capacity at all. If the law were otherwise, no sale or mortgage of a minor's property could be effected by a guardian however necessary or beneficial to the minor the transaction might be.
Chirag Bhargava
(Querist) 20 December 2011
Mr Ajay,
Can you help me understand the above reply in a simpler language.
Thanks
Devajyoti Barman
(Expert) 20 December 2011
The agreement entered into on behalf of the minor by the guardian without the leave of the court is very much a voidable agreement at the option of the minor.
Hence it is not advisable to buy minor's share without the permission of court.
