Sale of property under minors name
Querist :
Anonymous
(Querist) 23 October 2019
This query is : Resolved
A property/ piece of land was in minor person's (Rahul) name (age 17 yrs) and the father (along with another person) is one of the witness (1e) in the deed. Of-course the sale deed was executed without the district court's prior permission. The minor who is a major now (age - 38 years), want to claim the stake in the same property/ land. In the sale deed it is mentioned as the minor as 19 years (while he was 17 years).
Questions:
1) What are the rights of the person (Rahul) if he claims stake in the property?
2) As the father is the witness, what does the law say as the father has identified/ witnessed (on agreeing that the seller is above 18 years...!!)?
3) What are the other sections critical points for Rahul to take care if the case is filed?
Thanks,
Sushant Kumar.
KISHAN DUTT KALASKAR
(Expert) 24 October 2019
Dear Sir,
Normally the minor can raise the issue and seek the cancellation such sale deeds within 3 years of attaining age of majority.
P. Venu
(Expert) 24 October 2019
The facts posted suggest that the alleged attempt on the part of the so called Rahul is too technical, but not bonafide. Admittedly, he had colluded with his father for committing a fraud. Though allegedly a minor, he was 17 years and hence, a wrong doer. It is trite that law does not permit wrong doer to benefit from his own wrong.
Hemant Agarwal
(Expert) 25 October 2019
1. RESPECTIVE of any Criteria, the Minor has appeared before the Registrar to execute the Sale Deed before 21 years and now after 21 years i claiming his share, would amount to extortion, conspiracy, intimidation, cheating, fraud and so on ....
2. ANYWAYS, with proper & strategic tactics, Minor can contest his claims, by impleading his Father (witnesses) and the person who received money from the sale. BUT certainly not from the Buyer party, since the claim is now time barred.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Guest
(Expert) 25 October 2019
Minor's Property 'transaction is Legally invalid with out Court's Permission
Guest
(Expert) 25 October 2019
Buyer has to be included in the Complaint along with others since he had played the major role in the Extortion of Minor 's Property
Dr J C Vashista
(Expert) 26 October 2019
Show the documents to a local prudent lawyer for proper appreciation of facts, guidance and proceeding. The circumstances explained in the query are, prima facie unconviencing and academic.
