Upgrad LLM

minor claiming the right to sell


IN A CONTRACT WITH MR A, MRS B, MR C MR D MR E AND MISS F(WHERE MR A AND MRS B ARE BROTHER AND SISTER, AND MR C, MR D MR E  AND Miss F ARE THEIR NEICE AND NEPHEWS) enter into a contract that they jointly own a property and they have the right to sell it. also if any of this is false they can be held responsible. but after 16 years mr c, mr d claim that the contract was void as mr c mr d mr e and miss f were minors at the time of sale. miss f and mr e are dead and issuless, so me c and mr d are claiming their portions too. also there is no clear proof of age, only one death certificate for mr e and metric certificates for mr c and miss f. acc to mr c their ages varied from (13 to 17years 11 months)siblings were more than 13 years of age and their dob certificate is not present. can the statement when they claim that they have the right to sell the property , be used against them. and can the age mentioned in the death certificate as well as the 10 th class certificates be served as valid proof of age.

 
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practicing advocate

minors if they want to challenge any sale or tranfer they should challenge it within 3 years after attaining the amjority.

 
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thanks advocate rajeev for your reply.... would it still be aplicable if the minors sold the property  directly. or would the sale deed be void ab initio, as contract with minors is not valid and hence no limitation on claim...please clarify...thanks again. please also clarify if 10 th clearing certificated can be used as valid proof of age.

 
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ADVOCATE

U take a order of court for sale this property because this property is in minor name then u registered the sale deed and second way when he / she major u registered sale deed. 

 
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