Guardian can sold minor property
V. MURLAIDHAR RAO
(Querist) 13 April 2016
This query is : Resolved
My Question is that Can a Guardian sold the Minor property without prior permission of the court. Now Minor attaining major Can she get her share of property which is sold by the guardian.
Leaving behind the guardian and one minor child having her share of land Acres 1.16 gts and guardian having Ac. 1.17 gts with other's sold the whole property of Ac4.29gts in 1994 minor having the age of 15year. on behalf of the minor guardian with other's whole property sold and registered. Now MRO called for objection becasue of that in Revenue records shows still their names & Share of Lands. Purchaser can not rounded off the names in revenue records. MRO called for objections. can minor get her share of property now. and the registration of the property cancelled or not.
Devajyoti Barman
(Expert) 14 April 2016
The sale made by the guardian without permission of court is not void sale but it is voidable at the option of the minor.
The minor if attains majority now can file suit to set aside the sale provided 3 years has not passed since the date of attaining his majority.
Rajendra K Goyal
(Expert) 14 April 2016
Minor should file case for setting aside the sale deed if her share was sold without court permission.
Dr J C Vashista
(Expert) 16 April 2016
Well advised by experts, I agree and nothing more.
