father sold land without consent of a minor
Gopalkrishns
(Querist) 03 June 2010
This query is : Resolved
Hi,
5 years ago, I bought a plot from a developer. Later I found out that the land is a revenue land(Bangloare gramathana) and he sold it to me without DC conversion. I have khatha and sale deed of the site. Also I paid taxes so far for the site. Off late, one of the previous owners filed a civil case stating that land had been sold(transaction happend 18 years ago)without minor's consent. The petition is filed by two daughters of the previous landlord and they were minor when it is sold. I would like to know the validity of this argument. What is the chance of them winning the case.
Many thanks/Gopal
B K Raghavendra Rao
(Expert) 03 June 2010
When you say it is not DC converted, it means the plot is an agricultural land. It can be sold by the owner who is an agriculturist only to an agriculturist or an agricultural labourer whose income is less than Rs. 2 lakh per annum. If this condition is not fulfilled, the sale is void ab initio.
Immediately after purchase mutation should have been effected in revenue records. Payment of tax could be from any one, it is not material here.
If the seller had sold the land not only on his behalf but also on behalf of the minor children, then the sale deed is valid. If the land is sold without this
clause, sale deed is voidable at the instance of the minor children upon their being major.
If the seller had purchased any other immovable property from out of the sale consideration amount, then you are safe. Children would become eligible for their share in the newly purchased property.
Otherwise, they are entitled for a share in the property purchased by you. Minor's consent is not valid. They need not give consent for sale of property by their father or ward. Even if they give, it is not valid in the eyes of law.
Their chances of winning the case is brighter especially if the father is not alive.
Gopalkrishns
(Querist) 03 June 2010
Many thanks for your feedback.
I think the developer would have used influence to get the khatha. Any way what is the validity of the khatha which is in my posession ?
Another advise i got it, their argument will not stand in the court as they took 18 years to come out with a dispute. Is this a valid point ?
Many thanks
B K Raghavendra Rao
(Expert) 03 June 2010
They may come up with a theory that they came to know about the sale only after attaining the majority when some one told them about it. Thus limitation may be infused into the case. Khatha's validity and ownership are two different issues. Khathedar need not be owner. Khatha does not give any right or ownership over the property. It merely is a formality to records of the municipality or revenue authority as who represent the property.
Gopalkrishns
(Querist) 03 June 2010
these people (old owners) are staying very close to the site and this is 4th person owning the property ever since their father sold it. And they took a long 18 years to file the case.
Khaleel Ahmed
(Expert) 09 June 2010
Need not worry. The sale trasaction is valid as per law. The father is the natural guardian of the minors, so he can act.
