Minor property sale
naresh chamarthy
(Querist) 31 August 2012
This query is : Resolved
iam natural guardian of my son (minor) court given order for sale of my son(minor) share of property to third party. in court order (date 1-9-2008) directed to me deposit the sale proceeds in to the court inthe minor on or before 1-12-2008 till he attains majority. failing which the permission grand in the o.p.shall stand cancelled. the third party purchaser is directed to insist the petitioner to deposit the sale proceeds in the courtin the name of minor as directed above.
but iam not follow the court order.after getting court order i sold my son (minor)property to third party.i used that money for another work.iam not deposit the money (sale money)and sale proceeds in the court. what i do now. how can edit my mistake
sanjeev murthy desai
(Expert) 01 September 2012
Nothing to worry till objections arises. if objections arises then you should have to show the circumstances under which you not obeyed the court order however court has to satisfied your sufficient reasons otherwise it ll consider as contempt of court and it may be restored in the name of minor.
prabhakar singh
(Expert) 01 September 2012
Move an application before the court which granted you the permission seeking condonation of delay in deposit and showing with readiness to deposit the money with interest at bank FD rate.Hopefully Court shall agree to modify the order.
Hemant Agarwal
(Expert) 03 September 2012
My Perceptions:
1. A Legal Guardian is entitled, by legal default, to file appropriate affadavit on behalf of his Minor Son. A legal guardian is entitled to sell the minor's property, without any permission, subject to no negative clauses in a Will. If the property is ancestral, the matter would be different.
2. In the query instant, there can only be two disputants (Minor Son and the Purchaser (third party)), as far as rights to file contempt proceedings are concerned. Minor Son may file contempt proceedings (and even criminal proceedings) on attaining Majority (later date), subject to certain parameters.
3. In the query instant, there can only be two violaters of the court order (Legal Guardian and the Purchaser). The purchaser is also in contempt of court, since the purchaser was directed to deposit the sale proceeds in court in name of minor (subject to & depending on the points of the court order).
4. The Court does not take cognizance of contempt of its orders, UNLESS & UNTIL, appropriate proceedings are filed before it, for contempt of its orders.
5. Here the contempt proceedings can be filed ONLY by the Minor, since only his default legal rights of the minor is being violated. The legal guardian or the purchaser cannot file contempt proceedings.
6. Guardian holding default lawful rights over the Minor, can file affadavit (if required) on behalf of Minor, relinquishing any contempt by the Guardian, pertaining to the Contempt of court orders.
7. A Violater (purchaser) cannot file Contempt proceedings, since the purchaser is himself in legal violation (point no. 3, above) AND is not approaching the court with clean hands.
8. The issue is a stale-mate, since the court would not be interested in initiating suo-moto contempt proceedings, in the absence of interested parties, subject to various other parameters (State would have rights to do so).
E.O.& E.
Keep Smiling .... Hemant Agarwal
