purchase of land partly owned by minor


We are planning to buy a land from a person A. This person A bought this land from 3 sisters (joint owners) in 2003. The youngest sister was only 17 years and nine months when the sale agreement was executed. Till 2011, the property is in the possession of the seller A. My question is, could the last sister create problems in future in case we buy this property from seller A as she was a minor in 2003 when the sale took place? There was no court permission taken by the guardian (her mother) before the sale was executed in 2003. Could a ratification by the minor girl (now major, as 7 years have passed since the sale took place between the 3 sisters and the then buyer A in 2003) sort out this legal issue? As 7 years have passed till 2011, without any legal issues being raised by the minor girl for ownership of the said property, does the limitation act come into effect and nullify the same? We will appreciate any advice or suggestion which will assist in making a meaningful decision one way or the other. Thanks. Fathima.

 
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Senior Consultant

         It is not clarified in the querry as to the vendors of Mr.A were governed by the Hindu Law or Mohammedan Law.

 

        Under Hindu Law, a minor's Share can be sold by the kartha of Undevided family.

        Under Mohammedan law, the court's Permission is mandatory !

 
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ADVOCATE

 court permission taken by the guardian (her mother) before the sale was executed.

 
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