Registry by mother for minor daughters, now challenged by them
Querist :
Anonymous
(Querist) 31 August 2011
This query is : Resolved
I purchased on agricultural land. It was originally owned by two brothers, both deceased. Legal heirs as per govt records were sons of first brother, one son, wife and minor daughters of the other brother. Registry was done by all these people duly mentioning on behalf of minor daugthers, that their mother was executing the deed. This was done in May'08.
This month (Aug'11) when I contracted to sell the same, and my buyer published a Public Notice, the minor daughters filed an objection and served me with a legal notice through their lawyer, stating that their mother had no right to sell the property (duly acknowledging the registry of May'08 in their notice, but false claiming that they continued to be in possession of the land) because they were not minors.
Pls advise if my title to the above property is now questionable, and if so, what is the remedy?
If the daughters were indeed not minor, they ought to have got their names recorded in govt records which they failed to do?
Besides, if there is a fault or crime, it is by their mother and an elder brother who both executed the deal, duly mentioning that daugthers were minor.
My buyer is now jittery over this dispute. Can I compell him to execute the deal despite this legal notice and if he fails, can I give him notice for forfeiting his advance that he has given to me?
Pls advise.
Thanking you,
Devajyoti Barman
(Expert) 31 August 2011
Whether they should have recorded their name in the records of the govt registers is not that important.
The important thing is whether they indeed were minors at the time of the sale.
If so then the sale without the leave of the court is voidable at the option of the minors as far as their share is concerned.
However if the mother has fraudulently represented them to be the majors then you may initiate criminal charges against the mother but that would not help the sale of ther minor's share.
Querist :
Anonymous
(Querist) 31 August 2011
Thanks. I need to ask for proof of their age as well as their being legal heir, in response to their notice.
I forgot to mention that this is a MUSLIM family not covered by Hindu Minority & Guardianship Act. Does that make a difference ?
Besides, 5 members of their father's elder brother, one elder brother and mother, total 7 members of a single family executed the deed, and handed over possession to me. Can we still say that minors were in dark and could challenge sale after more than 3 years?
Should we file criminal complaint only against mother or mother and elder brother also? Could we involve the 5 cousins as well, after all, how could everybody allow their mother to show to us that they were minors without being affected by ESTOPPEL?
prabhakar singh
(Expert) 31 August 2011
If they were minors.hindu or muslim,no matter,permission by the guardian from the court was necessary,lack there of goes to prove you as buyer not acted with due diligence.IN LAW MINORS HAVE OPTION TO AVOID A SALE BY SUIT ON BECOMING MAJOR WITH IN 3YEARS FROM THE DATE OF KNOWLEDGE OF SALE.
But you state daughters are claiming they were majors,in case they were really ,which they need to prove,the sale deed not made by them ,you shall be deemed to have bought none of their share.
At best you can plead fraud and misrepresentation played upon you by mother and her son who executed the deed which if proved can make you entitled to claim compensation to the proportionate excess consideration paid by you,BUT NOTHING MORE.
You can not claim or forfeit earnest of prospective buyers as he while acting diligently found your title not clean with respect to two daughters,hence you your self not in position to perform your agreed
part of contract.
Devajyoti Barman
(Expert) 31 August 2011
I would slightly disagree.
For Muslims the guardian can transfer the minor's share if that is for the legal necessity or for the benefit of the minor. Here lack of permission of the court does not make the deed voidable.
Mulla, the ultimate jurist on Muslim Law is quite clear on this aspect.
Raj Kumar Makkad
(Expert) 31 August 2011
There is no necessity to obtain prior permission to sale the immovable property of minor as per Muslim Law so this issue has no value in the eyes of law but now sole question remains to be answered is that those daughters are claiming that they were major at the time of sale so sale qua their share is void. It is necessary to verify their age and if it is proved that those were major then sale upto their shares is void otherwise no scope for them to raise hue and cry.
So far as initiation of legal action against their family members is concerned, these options are always open for you. Immediate question is to deal with those daughters of vendor family.
