ALOK KUMAR 09 January 2022
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.
Megha 11 January 2022
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.