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Rahul (trainee)     24 August 2012

Minor's property sale

can minor's property be sold if it can what are the clauses the agreement should contain please answer early

thanks in advance


 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 August 2012

Any property in the name of the minor or part thereof can be transferred by way of sale, gift, exchange or otherwise only after obtaining prior written permission of the court of law.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 August 2012

Endorsing what Ld.Archana Ji has said - any sale/gift/lease of over 5 years of property of minor has to be after court's concern, if court's consent is not obtained the deal can be avoided by the minor within 3 years of attainment of majority or knowledge of majority whichever is later. An agreement should state the factum of court's consent and copy attached as annexure. 



Adv. Bharat Chugh

*Supreme Court of India

*Delhi High Court 

*Distt. Courts in and around Delhi/NCR. 

Rasik Dagli (Lawyer)     25 August 2012

I agree with Mr. Bharat.



Advocate Dinesh (Advocate)     25 August 2012

I Agree with Mr. Bharat Chugh & Advocate Archana.......

Advocate Dinesh (Advocate)     25 August 2012

I Agree with Mr. Bharat Chugh & Advocate Archana.......These are the mandatory provisions of law....

Rahul (trainee)     26 August 2012

thanks all for reply,

The fact is the property ie. land is in minor's name which perents want to sale for his education he will attain majority after period of 10 months. now the probleam arose because of his being a minor which perents want to resolve the purchaser is also ready (How to protect the interest of the purchasers ) is the probleam.

pl. suggest any remedy. 


thanks all again for your valuable suggestions.

Rasik Dagli (Lawyer)     26 August 2012

Apart from the  above views of Lawyers, there is one more option avaible which now most people is following.

You sell the property and in the Registered Sale deed it must be justified that sale is in minor's interest and for his benefit. You must get the sale consideration in Minor's name only and the entire amount should be deposited in the Minor's name in Bank preferably in FD and interest accured either monthly or quartly should be used for Minor's education and for his other necessaties.

For more information please contact me at - rvdadvocate@gmail.com.



EY (Con)     21 December 2012

I was going thru this discussion. Request ur calrification and opinion-

I purchased a flat constructued by a private builder. In the previous transfers in builder records, father bought the flat in name of his minor on and later changed to his mother name after giving affidavit and indemnity bond to builder. I purchase it later and was the one to get possession and got the conveyance deed done in my name.

Is there a risk going forward in case I wish to sell this property in future.

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