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KUMAR (MANAGER)     09 November 2009

Father sold Minor property whereas mother is the gaurdian.

Hi.

My fatehr bought a land form Mr.Ravi. Mr.Ravi Bought it from Mr. Rajesh and 2 of his brothers. The owner of the land is Mr.Sam younger brother of Mr.Rajesh and the other 2. Mr.Sam died registering a will stating the property belongs to Mr.Babu s/o Mr.Rajesh and the gaurdian is id Mother as Mr.Babu is minor at that time. Mr.Sam is unmarried.After attaining a legal hire certificate ( certificate states 4 sisters and 3 brothers of Mr.Sam as legal hire ) Mr.Rajesh and 2 of his brother has sold the land to Mr.Ravi. But Mr.Ravi has taken in writing from Mr.Babu after becoming major that he will not claim any rights for the property in a white sheet and also in a stamp paper with witness from some of the village members. But I feel some problem may occur if i try to sell that property .Plz advice me what to do.The Patta is in my fathers name.Mr.Babu is 24 yrs old and not given any proplem still today. The poseesion was with Mr.Ravi for 8 1/2 yrs and father hold 3 1/2 yrs poseesion after that.

Regards

kumar



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 November 2009

minor' property cannot be sold without the permission of the court.  Court permits to sell the minor's property if it satisfies that it is for the benefit and to protect the interest of the minor.  The sale of property of minor in ur querry is in valid it is not binding on the minor, after majority he can claim.

Taking a signature of the minor on the white/stamp paper is in valid and it is not binding on me because he is minor.

Minor hs got good chance.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 November 2009

In continuation to the advice of Rajeev, I further add that the minor at that time has attained majority since last 6 years so better obtain from him a writing to the effect that he is agree with the sale made in favour of buyer during his minority and further that he shall never object to the already settled matter. If you obtain any affidaivt in the support of his writings duly attested by Executive magistrate then it shall have gud vlaue before law.

1 Like

K. Rajendra Prakash (Advocate)     09 November 2009

Minor' property cannot be sold without the permission of the court.  Obtain in writing from the minor who has now attained majority that he does not have objection to the sale made in favour of the buyer.

raj (Lawyer)     11 November 2009

Dear Kumar,

The title of the property has not been rightly passed without obtaining court's permission before selling the property of the minor Babu. Further, has the property been conveyed on behalf of the minor by its guardian and  the amount of minor's share in the property, had it been deposited in the name of the minor at the time of sale deed? checking the sale under which ravi has purchased the land will clear this. this may have some bearing so far as protecticting of minor's share in the property is concerned.

Apart from above, as suggested by learned senior fellows, the write ups with the minor does not hold good value before the court of law. You may take necessary actions as suggested hereinabove and consultation with a lawyer with documents may give you better idea.

Hope this may help.

Regards.

KUMAR (MANAGER)     11 November 2009

First of al let me thank you all for the valuable suggestion given to me.

After attaing majority Mr.babu has given in writing in a plain paper aswellas in a Rs 20/- stamp paper that he will agrees for the sale with some witness singned from his own village. Is it enough or should I do it  again.

Regards

kumar

Srinath Kondapally (Advocate)     25 November 2009

when there is a guardian to such minor, the entire transaction carried out by such minor is entirely invalid and  not binding on such minor,  and now if such minor tooks reverse plea then u will put in problems, eventhough u obtain the witnesses signatures of villege members : and for rectification of the same even now it is better to obtain the alieanation deed/sale deed by such Mr. Babu , otherwise u may lost ur property in future  

sunil pagare (lawyer)     26 November 2009

Mr. Babu is now 24yrs. after attaining majority he has to approch  to the court within 3yrs.for cancellation/ declaration that the sale deed is void & it is not binding on him. Now it is barred by limitation

AMAN (student)     26 November 2009

time limitation  is not within 3 yrs from the date of attaining majority its from the time you get to know about such fraud took place with you i.e (documentry proof)

AMAN (student)     26 November 2009

can  any one tell me some judgement on this......


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