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Selva Ganapathi   06 January 2021

About a Minor property

A Hindu grandfather makes a sales deed to his grandson ( when he is minor ) with his mother as a Gaurdian (Minor's Mother ). I owned that property from the minor himself ( ie his age is 33 when he sell that property to me ) without gaurdian consent. I owned this property for more than 10 years. Now that gaurdian (Minor mother) sent me a legal notice that she also has a share in that property. What is the actual law? Does Gaurdian Sign is must ?


 7 Replies

Pradipta Nath (Advocate)     06 January 2021

Minor cannot enter into contract provided a guardian can for the benefit of the minor. 


Selva Ganapathi   06 January 2021

minor becomes major in this case...his age is 33 when he sold ..

Pradipta Nath (Advocate)     07 January 2021

If the seller was absolute owner of the sold property, how the guardian is now demanding his/her share from you! This is really strange.

Need to go through the notice.

Selva Ganapathi   07 January 2021

In the property document as well as in encumbrance certificate,both names have included. ie minor (his age was 5 at the time his grandfather given him land as a sales deed,so they included his mother as a guardian son name and his guardian mother's name. But I am aware that Gaurdian is capable of being care taker of Minor untill the age of 18. So I got the sign from the owner only without getting sign from the guardian since his age was 33 at the time of sale. byt now for the sake of creating problem the guardian sent me a lawyer notice

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     07 January 2021

The property devolved by way of Will/Gift Deed when a person was Minor and with his Mother as Guardian. The property was sold after such Minor became Major. Once the person has become Major, there is no need for the Guardian to sign any papers on behalf of the owner who was Major on the date of the sale transaction.

Dr J C Vashista (Advocate)     08 January 2021

Repeated query.

It is better to consult and engage a local prudent lawyer for appreciation of facts and professional advise in your interest.

Selva Ganapathi   09 January 2021

thank you so much 🙏

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