sec 8(2) Hindu Minority & guardiandhip act
sanjay kumar Soni
(Querist) 30 July 2009
This query is : Resolved
I purchased a agriculture land in 1996 from X ( minor- DOB 01.01.84). The sale deed was signed by X's mother. This land was purchased by X's mother in 1994 in the name of X(minor). The X( minor) brought suit against me in June 1992. The land is in my name. The minor says in court that this land is my land purchased from my own fund but no supportings for thi is produced before court. What is the defence I can take.? Will benami Transaction act will support.? Sec. 8(2) talks about the natural guardian while the mother is not so as per sec.6 of that act. will this save me. ? I make humble request to lease reply soon.
CA SKSONI, Raigarh- CG
9827196389
n.k.sarin
(Expert) 31 July 2009
Mr. Soni, it is immaterial from where the fund comes for purchase.If the property is in the name of minor the presumption is in favor of minor that the said property was purchased in the interest and benefit of minor. In case of sale of minor's property important is whether the prior permission obtained from district judge or not which is necessary.
sanjay kumar Soni
(Querist) 31 July 2009
Thank you sarin ji, But is there no relief to the bonafied purchaser.? The Minor ( now major) lives with with mother very confortable to whom he has made one of the party in civil suit. his father is a renouned cheater in many land dealings. They all all live in same family. The mother who sold this property became ex parte in court.
Sir please spare time for my case.? I am ready to pay consultancy fee ( if any ).?
charudureja
(Expert) 31 July 2009
Mr. Soni.
Mr. Sarin is right as far as minor is concerned, it doesnt matter from where the money to buy the property came. becasue a contract with minor is void-ab-intio. he is exempted from the contractual liability.
the remedy available to you is to sue the mother and ask for the money u have paid and for cheating you( if u can prove the family is of cheats).
in my opinion sorry to say though u are a bonafide purchaser bt u willnot be able to get the property
Y V Vishweshwar Rao
(Expert) 01 August 2009
i agree with my above two learend friends and add that there is some confusion in the query ! to be clariified ;-
1-Minor purchased the proerty in the year 1994
2-Mother of minor sold the properety in the year 1996 to purchaser
3-Minor filed(brought) the suit in the year 1992 against the purchaser !
sanjay kumar Soni
(Querist) 04 August 2009
Thanks, Rao ji,
Actually the property was purchased by mother in her minor's son name in 1994 sold the same property to us in 1996. The registry is of Rs. 41000/- only while its MV is nearby in crores. Is there any point in sueing the mother for cheatingas suggested by Mr.Charudureja.
n.k.sarin
(Expert) 05 August 2009
Mr .Soni give the correct date of institution of the suit by minor and what is the exact age of the said minor today.
sanjay kumar Soni
(Querist) 06 August 2009
Sarin ji, Thanks for sparing time for me. The Suit instituted on 29.06.2002 and the DOB of the minor is 01.01.1984.
Thanks again for asking
