Sir, enquire whether the mother has obtained permission from court to sell minor's property before selling the same. Else, he can challenge the sale once he attains majority.

Suchitra has guide u properly. To sale any property of a minor, it is must that the guardian should get the certificate of sale from court and only then it is safe to purchase the property. else whenever he will attain the majority, he will demand his property back and u cannot claim anything.

Regards

adv.kamal.grover@gmail.com

Hi Suchitra and Kamal Grover, thanks a lot for your reply. To add to it, i have few points for your review.

1. So bought land has been spilt into two, one portion has been sold already with finance from HDFC..i am buying the other portion
2. Minor has attained the age of 18 this year, and the FD created out of sale proceeds of land by minor's mother got matured this year and has been handed to her son after having attained the major
3. Even the FD was mentioning the payee name as minor and with the precondition that will be renewed till the age attaining major
4. This is not an ancestral property, i guess only for that Court order is required. This land was bought during 2007 and sold in the year 2008

Since the sale proceeds have been handed to the minor son by way of FD in his favour, can't i claim legally in future that this is bonfide sale because of the fact proceeds been handed to him.

once a person died,his legal heirs are entitled to his estate.  Since it is a separate property of the deceased a share is entitled to the minor.  If you purchase the minor's share it is called voidable contract.  It can be avoided at the option of the minor.  Time limit for challenging the above sale three years from the date of attaining his sale or from the dae of his knowledge of the sale.  Mere having deposit money in the minor's name does not validate the sale of the minor's share.  It is advisable to get the sale transaction confirmed by the person who attained majority now.

Chandrashekar Sir, is right.

Dear Mr.Chandrashekar / Ms.Suchitra, Thanks a lot for your valuable input. I shall proceed with getting a formal confirmation on the receipt of sale proceeds from the person who has become major now.

Mother cannot sell the share of her minor Son.  He can challenge the sale after attaining majority.  I cannot advise to go ahead bying the property.

Dear Mr.rajendra Prakash, thanks for your advice. I have got ratification done by minor son in favour of the builder evidencing receipt of proceeds for the sale of property on Rs.100 stamp paper.