can minor buy property??


Respected Sir/MAdam,

I request to know from the knowledgable people of this forum your views by interpreting laws on my question..my mother applied for  membership in my name in a Co-operative society  the flats of which were underconstruction in delhi in the year the 2001...the flats of the society were to be ready for allotment in the year 2005-06..but at the time of applying for membership i.e in 2001 i was a minor (date of birth-.july-1985) hence though the application of membership was filled in my name.it was signed by my mother as directed by the society..now the flat is ready for allotment..

 

and my question is that was the purshase legal and can the society now cause problems legally by saying that though the name of member is mine but the signature is of my mother??though the society had issued a society share certificate in my name in the year 2001.. and i would like to mention one more fact..that is that my mother passed away recently(march 2009)?? please please please be kind enough and reply as soon as possible..thaking you..waiting for your replies...

 
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Advocate

Nishant,

I want to ask u one thing. why your mother did not get inform the society once you attained majority? you are a major now. You can inform the same to the society about it and get the title stating that you are the owner. I think there should not be any problem for getting the flat alloted in your name. At the time of your minority, your mom has signed the papers, which is lagally admissible,too.


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Advocate/ Senior Partner

Dear Nishant,

There is no need for concern. Your mother represented you as a natural guardian while you were a minor when making the application. Even the allotment stands in your name. So all you need to do is to inform the society about you attaining majority and also and state that in future you shall be signing all the papers pertaining to the flat and appropriate mutation be carried on the Society's records accordingly.

Thanks,

N.Ramakrishnan, ADV


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first of all thank you suchitra and Mr N.Ramakrishnan for replying back...the reason my mother did not inform the society is because she did not know the rules and all..it is now that i realised hence was a bit concerned that can the society for this reason that the initial application was made in my name and signed by my mother reject and refuse my membership and not allot me the flat.. lastly i request to know that legally speaking is this contract good and enforcable ?? and becuase it was signed by my mother in place of me does that make it void?? thanking you..

 
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Advocate

Nishanth, the contract entered by your mom is legally enforciable and valid. But the first thing is to inform the society that now you are a major and so, make allotment in your name. Society has to do dt without any hassle.


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lawyer

nishanth here two things first is whether minor buy a porperty nd in other words v can say that question is whether minor can do a contract.

dear answer is minor himself cannot buy a property or cannot do a contract with any person but his/her gaurdian can buy a property in the name of minor or on the behalf of minor . nd also if the property brought by the legal gaurdian of a minor nd the amount paid by the a/c of the minor then this transaction should be in the intrest of minor.

 
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Legal Advisor

In your minority your mother acted as natural guardian on your behalf. Now you are major, you can represent your self as owner of such property with the rights of ferry and fishery. Need not worry. Keep cool your self.

 
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