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Faiaz (SSA)     19 September 2012

Sale deed executed at the age of 17 without guardian

In 1980, my father purchased and registered land solely in the elder son's name who was minor at the time of registeration without disclosing in the document that he was minor.  

Can the other sons and daughers claim share in this property if we prove that the elder son was minor at the time of registeration.

How to file a petition to claim the share for his brothers and sisters.

Is the school certificate or voter's list is enough to prove the age.



Learning

 3 Replies

MohammedRaffiq Bijapur (Advocate)     19 September 2012

Sale does not become void.

Minority is not the criteria for establishing ur rights.

Kishor Mehta (CEO)     20 September 2012

Sir/s,

[1] In my opinion if a property is purchased in the name of, and for the benefit, of a minor, the fact should be explicaitely made clear in the sale deed.

[2] No relatives of minor can demand for a share in the property so purchased.

Regards,

Kishor Mehta


(Guest)

Your query cannot be answered unless we peruse the clauses of the Sale deed, since it involves both (mixed) questions of law and facts.


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