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Ganesh Sah   18 October 2017

Can a minor's property be mortgaged who became now major

In 1994 a minor's property was sold by his guardian when his age was 14 yrs & now his age is 37 yrs. So Pls advise that whether this property can be mortgaged by a bank


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 3 Replies

G.L.N. Prasad (Retired employee.)     18 October 2017

There is no clarity in the query.

The property was already sold, and the purpose of such selling minor property for the necessities etc., are not disclosed.

When a property was already sold, the need for mortgaging this property now can not be imagined.

It is not clear as to what the minor was doing for 16 years of attaining majority.

It is not clear as to why and how bank appears in the transactions are not disclosed.

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Ganesh Sah   22 October 2017

The said minor's property (Minor age was 14 yrs ago n 1994) was sold (in 1994) by his natural guardian to some one (proposed as Mr. A) who has recently (2017) come to Bank for mortgage this property to avail loan. So please advise whether present owner (Mr. A) can mortgage this property. Can the said Minor (who is presently Major one i.e. 37 yrs) claim any wrighs on this property at his age of 37 yrs?

Dr. Atul [9013898936] (Lawyer, Scholar)     22 October 2017

The minor's claim to the property would be barred by limitation under Article 60 to the Schedule of the Limitation Act; a Suit to set aside a transfer of property made by the guardian of a ward needs to be instituted within 3 years of the ward (minor) attaining majority.

Aside from that, in such cases, Plaintiffs sometimes resort to Section 17 of the Limitation Act which provides for the effect of fraud or mistake and states that in case of fraud or mistake, the period of limitation shall not begin to run until plaintiff has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it. That is no piece of cake especially in your case of having attained majoity 19 years back.

Since the erstwhile minor has no remedy to sue for right or title to the property and assuming the transfer to purchaser 'A' is valid (and it does not appear otherwise from what you have indicated)  there should be no bar to his mortgaging the same.

 


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