Muslim minor
james augustine
(Querist) 02 November 2011
This query is : Resolved
I am planning to buy a property in Kerala. On scrutanising the documents I found that the present owner purchased the property in 1999 from a Muslim family of five members of whom one of them was a minor son of 14 years old. The father of the minor signed the document in 1999 on the strength of a POA he had from his minor son.
Is there any problem in buying this property?
According to the muslim law/ Or the minor rules. does the minor child at that point of time who became a major today has to be a party to this document ?. james
Sankaranarayanan
(Expert) 02 November 2011
Here no question of Muslim law or Hindu law. here only minor and major. who is the original owner of the land. need more details about your query.
Raj Kumar Makkad
(Expert) 02 November 2011
What more details you require naryanan? All relevant detail is already in the query.
The purchase of your seller was definitely erroneous. The seller could not have procured GPA of his minor son having 14 years of age at that time. Now that child is having age of 26 years and he didn't challenge the sale made by his father within one year of his attaining of majority so he has lost his right to challenge it.
In view of above, the sale in favour of your seller has become final hence there is no danger to purchase such property even without involving such person (alleged minor in 1999).
Sankaranarayanan
(Expert) 02 November 2011
Mr rajkumar sir, why i asked that is any case pending on the same. if not no prob on it,they have to find weather any suit on the land or not
prabhakar singh
(Expert) 02 November 2011
At a glance it does look as Mr. Makkad has spoken,but what i notice as factual position in your query is this that father of minor did not execute the sale deed as a natural guardian of minor.
Instead,the father got a POA executed from his minor son and then sold as POA of his minor son.
Had it been a case that father executed the sale deed on behalf of his minor son as his natural guardian without permission order of the District Judge then certainly minor was at election ,as Mr.Makkad rightly opines ,on attaining majority to either repudiate the transaction by a suit against the buyer or to accept it.As he did not file a suit with in time prescribed it would be presumed in law he has accepted the transaction made by his father as his guardian acceptable to him.
BUT HERE I FIND A BIG BUT IN YOUR QUERY AS YOU SAY HIS FATHER SOLD HIS PROPERTY BY VIRTUE OF A POA,ON HIS BEHALF WHILE HE WAS INCAPABLE TO ENTER INTO ANY CONTRACT HENCE POA WOULD BE TREATED VOID ABINITIO SO WOULD BE THE SALE ALSO.
AND THIS IS A BIG DIFFERENCE INDEED.
THE ANSWER OF Mr.Makkad HAS TREATED THE SALE VOIDABLE AT THE OPTION OF MINOR ON ATTAINING THE MAJORITY.
BUT ON THE BASIS OF FACTS STATED BY YOU I AM CONFIRMED THAT THE SALE AS AGAINST MINOR
ON BEHALF HIS SO CALLED POA IS VOID ABINITIO RIGHT FROM THE DAY ONE AND IS NONEST IN LAW.
HENCE IT IS ADVISABLE THAT YOU MAKE HIM A
PARTY TO YOUR DOCUMENT.
sanjeev murthy desai
(Expert) 02 November 2011
Minors claiming rights are reserved for 3 years from the date of attaining majority. However in your case such minor rights are bar by limitation. Hence such transaction is valid one.
Raj Kumar Makkad
(Expert) 02 November 2011
Prabhakar singh ji! Observe the fact that the minor was a Muslim ruled under personal law wherein father would have sold property of minor even without getting permission of court and moreover even if POA was base of sale even then such sale should have been challengeable by such minor after attaining of his majority which is missing in the present case so sale has become valid.
prabhakar singh
(Expert) 02 November 2011
HIS FATHER DID NOT SALE AS GUARDIAN BUT AS POA OF WHICH MINOR WAS NOT CAPABLE TO EXECUTION.WHY DO NOT YOU UNDERSTAND MAKKAD.
ITS SIMPLE.
james augustine
(Querist) 03 November 2011
Thanks all of you for your valuable advice. In fact i made a small factual mistake when i made the question. The father got POA from all other 4 family members.But there was no POA from the minor son. The document reads that the father signed the document on behalf of his minor son as guardian and Father.
2. There is no dispute existing now amoungst the family members.
3. On enquiry, we found that the son who became major now is not in India now.
4. Will the new sale deed be valid if the son is not a party to the transaction.
5. Is there any time limit by which time the minor ( Who became major now)has to make any objections for any claims?
6. I have also heard that the minor who became major now can make his claims for 12 years. And that the point of his knowing the facts to 12 years is his claim period. is it correct.
Regards/James
prabhakar singh
(Expert) 03 November 2011
Thanks to your mistake which waged a war here.
prabhakar singh
(Expert) 03 November 2011
My advise to your varied conditions of facts
are as followes:
1]when a natural guardian of a minor[father] enters into any sale on behalf of his minor[son],the consequences of that sale is as follows:
a]It would be at option of minor to elect on his attaining the majority to choose to either accept the transaction as it is or to get it declared void by a law suit.
b]if he chooses to avoid the sale then according to Article 60(a) of the Limitation act 1963 he is required to file the suit of cancellation with in three years from the date he has attained the majority.
c]as he did not file any suit, in law ,it shall be presumed that minor did not prefer to repudiate the sale,hence the sale made by his father has now become conclusively binding on him.
2]YOU HAVE WRONGLY HEARD THAT TO AVOID SUCH A SALE THE MINOR HAS 12 YEARS TIME FROM THE DATE OF KNOWLEDGE OF THE SALE DEED.
3]NOW YOU HAVE TO CHECK ONLY ONE FACT THAT POA
WAS A REGISTERED ONE AND NOT NOTARIZED ONLY.
4]WHERE AFTER YOU CAN GO WITH TRANSACTION AFTER CHECKING TITLE LINKS.
5]ARTICLE 60(a)OF LIMITATION ACT AND NO OTHER ARTICLE SHALL GOVERN THE MINOR'S RIGHT IS MY CONFIRMED OPINION HENCE RIGHT OF MINOR
TO REPUDIATE THE SALE HAS FINALLY BECOME TIME BARRED.LET IT BE A MUSLIM CASE OR HINDU CASE,NO MATTER NOW.
james augustine
(Querist) 03 November 2011
Dear Prabhakarjee, Thanks a million for your valuable advice. / Kind regards/james
