SAMIR MEHTA (PROPRIETOR) 09 July 2017

Minor to major buyer court permission issued prop. card

I have getting problem in registering my Property in CITY SURVEY department & for PROPERTY CARD, due to this condition which I explain here please give me best guidance because I came to know that I have problem in future for sale this property & for loan purpose.

I Mr. “A” (Mehta) bought the commercial shop from Mrs. “B”(Goswami) in June- 2017, Mrs. “B” (Goswami) bought this shop from Mr. “C”(Karia) in Feb-1999 in JAMNAGAR CITY, Mr. “C”(Karia) bought the shop on the name of his sons “D” & “E” (Karia Minors)

When Mr. “C”(Karia) Guardian sale “D” & “E” (Karia Minors’) property to Mrs. “B”(Goswami) in Feb-1999, not taken the court permission to sale it. At that sale time their sons “D” & “E” (Karia Minors) age was “10” & “8” years respectively.

Then I Mr. “A” (Mehta) bought that property from Mrs. “B”(Goswami) without knowing above law of court permission in June-2017, At that time “D” & “E” (Karia Minors to Majer’) age was “28” & “26” years respectively, so now they are major.

In present situation Mr. “C”(Karia) & his wife died some years ago and their

son “D” & “E” (Karia Majors’ ) lives in AFRICA & BOMBAY Respectively.

“D” & “E” (Karia Majors’) has not any objection to sign confirmation deed on which their father Sale property

Now I have needed some clarification on matter as I mention here.

1- If they cannot come immediately to my city JAMNAGAR due to they live very far from my city & busy than what is the way to sign confirmation deed?

2- Is it possible that court grant permission for send confirmation deed to them for sign signature with their ID Address proof? If yes than what is form format of confirmation deed which i have to present in court. and if no than what is the other objective for this matter.

3- They are now become major more than five years above from their current age “28” & “26” years so it is possible that automatically void their rights to claim on property

4- So give me help how to clear my property for CITY SURVEY & PROPERTY CARD issue on this matter

My English weak so apologize me & try to understand my issue or write me if you not understand.

Waiting for your Clarification & proper guidance on from forum member

YOURS TRULY

S B MEHTA

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10 Replies

K.UPENDER REDDY 09 July 2017

if persons attained majority ratifies the registration the sale becomes absolute. Such ratification should be done by way executing registered ratification deed. Special Power of attorney can be appointed by those majors to execute registered ratification deed on their behalf, in your favor, if those mojor persons are live in abroad. If you get proper ratification deed from those majors in connection with your earlier purchase, then you can use the ratification deed before concerned authorities.

if the sale was in the knowledge of the minors, with in three years immediately after attaining majority one should cahlenge the sale, otherwise they will loose limitation. As they are 28 & 26 years they can not challenge the sale.

Kumar Doab (FIN) 09 July 2017

For your own interest: Prefer that both appear in person.

Local counsel of unshakable repute and integrity specializing in property/civil matters can help you in such matter and it may be easy if both minors (now major) are willing..