Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ALOK KUMAR   09 January 2022

Minors property sold without permission of court

Sir good evening I am 16 years old. I have a residential plot on which my house is built.After death of my mother my Father stopped bear of my expenses I.e study fooding etc. Recently he has sold house in the name of my. The buyer threaten me after mutatation of the house he will get out from my home. My maternal grandmother has filled a suit in the court.our counsel has mentioned guardian and ward act section 7 and section 30 for the same. My maternal grandmother has summited an application for rejection of mutation case against my land to the circle officer. Now I want to know following query from our learned experts
(1) Is the sell of property by my Father valid
(2) How much time it will take to recover my house( Approx as per your legal experience)
(3) mutation case will be rejected or not on my application
Thanking you


Learning

 5 Replies

Shashi Dhara   09 January 2022

Who was the owner of the property ,if ur mother then u have right over half share only ,father is natural gaurdian he has right to sell it for family necessity  and for minors benifits only ,court permission is not necessary ,you can sue against your father for maintenance and also selling your property is illegal and to cancel the sale .

P. Venu (Advocate)     10 January 2022

"I have a residential plot on which my house is built" You are still a minor. How is it that the property and the residence belong to you? Please post complete facts.

 

ALOK KUMAR   11 January 2022

Land is I the name of minor(My) then house constructed on it is also mine.

P. Venu (Advocate)     11 January 2022

Certainly there are deeper issues. Please post complete facts.

Megha   11 January 2022

Hi,

Sale of a minor's property can take place only with due permission from the Court, as per section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956.  This was also upheld by the Hon'ble Supreme Court (SC) in the case of Saroj v Sunder Singh & Ors

Any sale in violation of section 8(2) can be viodable under Section 8(3) at the instant of the minor or any person claiming under him by filing a suit to set aside the sale deed and a suit to claim possession (Vishambhar and Others v Laxminarayan).   

However, if the sale is for the benefit of the minor andthe entire proceeds are directed towards the welfare ofthe minor, the same can be held as valid sale subject to permission from the District Judge.  

Here, the term voidable is of importance.  The sale will be held void only on appeal to the court to render it void.  This ratios has been laid down by the SC in the case of Vishambhar and Others v Laxminarayan (supra).  

From the above discussion, it is clear that sale, other than for benefitting the minor, is voidable at the instance of the minor.  

Best regards,
Megha

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