Hindu Minority Act - Section 8: Land bought from minor
J.R.
(Querist) 22 February 2010
This query is : Resolved
Dear Sir/Madam,
we had bought minors property when the minor was 8 years old. the agreement was done by the mother on behalf of the son. The property was not inherited by the minor but purchased by the parents in his name when the minor son was 3 years old. Now the minor son is 20 and has filed a suit against us and his own parents demanding he be given back his land as the Court permission was not taken by the parents prior to sale as per Section 8.
However, during the purchase, just to be safe, we had the father also co-sign the agreement and we have an indemnity bond from both the parents saying that they will be responsible for any loss we incur.
Can you help us with some useful court cases/judgments which will be helpful to us in fighting this case against the minor son and also his parents?
Thanking you for any help.
Jayant Raghuram
Raj Kumar Makkad
(Expert) 23 February 2010
After the abolition of Benami transactions, only the person, the name of whom appear in the revenue record is the owner of the property may he be minor or major. So at the time of the property, the minor was duly owner of the property and a due permission was required to be obtained from civil court by his parents to dispose off his property which in your case was not done despite of knowledge of you.
Now nothing can be done on your part except to defend the case of flimsy grounds that the property was not ancestral and the same was purchased only by his parents and no minor interest was involved therein and further that the purchaser of that property (his parents) sold that property etc. etc. One more point can be taken that the suit is barred by limitation as the decree/sale-deed would have been got challenged within one year of his attaining the majority but this has been done after 2 years.
No specific citation is available with me supporting your case.
J.R.
(Querist) 23 February 2010
Dear Adv.Makkad, Sir thanks a lot for your prompt response. On the time limit mentioned has it changed from 3 years to 1 year? I had read the law as saying it was 3 years after attaining majority and not 1 year? Also, one more point Sir - is the transaction Void Abinitio or Voidable in the above situation? If you could help with this input sir, will be very helpful.
J.R.
(Querist) 23 February 2010
Also Sir, Will the father being alive and co-signor to the deed also strengthen our case to show that this was just a transaction for the family? What is impact of indemnity bond signed by parents?
J.R.
(Querist) 09 September 2010
Dear Adv. Makkad, can you help with the above question regarding this case?? The last 2 points/queries i have given. will be helpful if you still can.
Thanks,
Jayant
