Sale of the minor's property
Querist :
Anonymous
(Querist) 18 October 2011
This query is : Resolved
A neighboring house (having three small kachcha/khaparail rooms like jhuggi about 45 years old) was owned by three brothers ‘A’, ‘B’ & ‘C’. ‘A’ and ‘B’ did registered agreement for sale the house to me (‘P’) in December 2003 and I paid them a part of consideration amount in advance. ‘A’ and ‘C’ sale their share to me in 2005 but ‘B’ was unwillingness. I serve a legal notice to ‘B’ in September 2006 but he was not present at his residence at that time of period. After about six months he return back his residence, then I talk to him and he assured to sale his share. Meanwhile he was expired in October 2007. His wife was not living with him but with her mother and expired earlier in 2005. His only son ‘X’ was 10 years old and always living with his mother and maternal grand mother (Nani) ‘M’ from the date of his birth. After that I talk to ‘M’. She said - I and my daughter were forget ‘B’ and ‘B’s small and only property (share in the house measuring about 15 square meter) for always and if there is any role for me regarding your interest in ‘B’s property, I will help you and you should pay the same amount in the name of ‘X’ what you have paid to ‘A’ & ‘C’ . After that she applied for legal guardian of ‘X’ and ‘X’s only property (‘B’s only property, ‘B’s share in the house). After appoint the guardian by court, she applied for permission to sale the ‘X’s property basically on these grounds-
- She (M) wants his (X) better education and now feels economic problems in his education and other expenses of caring.
- His share in the house is very small and not fit for his living, besides that it is old and decaying increasingly therefore its valuation is decreasing.
- His father (B) has signed the agreement for sale his share to ‘P’ and he (X) is bound with that.
B’s share in the house was already in my possession after his expiration. Actually the area of this whole house was fit for only one bedroom, drawing room kitchen & bathroom as a minimum standard. Therefore I decided to reconstruct this whole house according to minimum standard with the consent of ‘M’ (an unregistered but stamped written consent for reconstruction and possession was given by her) . Construction of ground & first floor was completed in April 2011 and court’s order came in last week of September 2011 and court denied for permission to sale. The reasons given by the court are-
- ‘p’ has not mentioned that ‘X’ is bound with the agreement. (I think it was a serious mistake by my lawyer)
- Proof or copy of the agreement was not submitted by both (‘M’ &’P’). (When I enquire about that, the lawyer said that there were two mistakes and contradictions in the agreement compare to facts mention in the case of appointment of guardian and accordingly in that order, first- measurement of the house is varying (however this is minor), second- the agreement was written/signed by ‘A’ & ‘B’ but it is not mention in the agreement that ‘A’ & ‘B’s share is only two third but it shows that they are whole sole owner of the house)
- The share in the house is very small but the only property in the name of ‘X’. He can’t purchase a house of the same area in same amount in the city when he became major.
- She was not appointed guardian to care him by selling his (X’s) property.
In these circumstances my question is –
1- Is there any chance for permission if I appeal in the high court?
2- Is there any other way to get the legal ownership of the one third part of the house (share of minor ‘X’) .
3- If both are not possible then how can I secure my amount paid at the time of agreement and invested in the construction of one third part of the house ( share of ‘X’).
Raj Kumar Makkad
(Expert) 18 October 2011
1. Yes. You can apply and rest leave upon court.
2. No.
3. Your amount cannot be refunded as more than 3 years of agreement have passed and you kept on sleeping during those years.
prabhakar singh
(Expert) 18 October 2011
I TOO HAVE THE SAME ANSWER AS MAKKAD HAS PROVIDED.
