Sridhar (Individual) 07 February 2015

Minor's property sold by guardian

I am planning to purchase a land. While verifying the documents of the land, I found that The land was purchased on Minor girl's name in 1990. The current owner has purchased the land from the Minor girl represented by her father as guardian when she was 17 years of age in 2002. Is this sale valid as the girl was still minor when her father sold the land representing as a guardian? Is it ok for me to go ahead and purchase the land or do I need to check for some court order kind of documents?

Also in EC, when this land was sold to Minor, apart from Executant (E) and Claimant (C) another person name is mentioned with (R). What does this R mean?

Any help would be highly appreciated.

Thanks..

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5 Replies

saravanan s (legal advisor) 07 February 2015

To sell a property wich is in a minors name the guardian needs to get permission from the court.in order to sell. otherwise there will be legal problem.

S.Sankarasubramanian (practcing advocate) 08 February 2015

Coinside with remars of Mr. Saravamam/

S. Sankarasubramanian, advocate

Sridhar (Individual) 08 February 2015

thank you for the response. I verified with current owner. they have link document but no document related to court permission. is there any way to find out if there was any approval letter issued during the sale deed.

T. Kalaiselvan, Advocate (Advocate) 08 February 2015

No doubt the guardian should have obtained courts permission before selling the property of the minor,however since you have stated that the minor was 17 years old at that time of sale in the year 2002, after twelve years any suit by the minor declaring the sale as illegal and invalid will be barred by limitation. She was entitled to file a suit within three years from the date of attaining majority or within three years from the date of knowledge. As she has not made any claim so far, the sale may be considered as valid as on the present date.

Sridhar (Individual) 09 February 2015

Thank you Kalaiselvan sir. Do you think it would be good idea to go back to the guardian and check for the court order as he didnot provide it to the current owner. Or is there anyway to obtain it from govt. records?

Also how can we know that the Minor has not filed a suit after this sale. Current owner is known person to me and confirmed there are no issues with the Minor/guardian after the sale and everything is good..But just wanted to know if there is anyway to confirm it officially.

Thank you once again.