Ratification of muslim minor boy property sale executed by his father in 2002 after minor turning to major

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper written legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

 

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc to resolve the matter if any, and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g;, O/o Tehsildar, Revenue/Civil courts, HC, SC …

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..

Your counsel may opine for declaration suit by last owner or other recourse after pursuing all link docs.

Cross the Bridge when it comes and never stir any controversies out of your fears.  The sale deed should have definitely mentioned that the sale was for the benefit of minor and for sustenance etc.   By moving all these, you may be giving them an opportunity for remembering their rights.

You have clearly posted that minor child was under custody of father.You have not posted who has sold the property.

Probbaly father has sold the property and not anyone else e.g; Mother.

If anyone else has sold the property say; Mother sale is invalid

 

Ref;

Supreme Court of India

Meethiyan Sidhiqu vs Muhammed Kunju Pareeth Kutty & Ors

 

 

From your query IT is clear that father was alive as on date of sale and is probably alive now as well. Father is natural guardian, ( or you want to post dejure or Legal Guardian).

Rest relate the facts of the matter with provisions of personal law that applies as per sect/sub-sect to which child belongs.

IT is not clear from your query if father was appointed Guardian by court say under Guardians and Wards Act, 1890 and was paryed to court and what was allowed by court…e.g; for minor’s person or property or both.Court looks into fact that if minor has NO other mean to support except property.

If guardian was appointed by court then provisons of the Act should prevail upon provisons of personal law that applies.

GO thru;

Kerala High Court;

Petitioner 1) C.P.KOMBI ALIYUMMA

Respondent 1) KOMBI MAMMU HAJI

HONOURABLE MR.JUSTICE V.CHITAMBARESH , HONOURABLE MR. JUSTICE SATHISH NINAN

A.S.No.809 of 1998

Decvided on; 20-11-2017

In which child agitated after 28 years.

“Such alienation, without satisfying any of the conditions under Section 362, will not be void. Such a transaction in breach of Section 362 will only be a transaction which is voidable at the instance of the minor, as per Section 363.”

And; HIGH COURT OF JUDICATURE AT ALLAHABAD 

(Judgment reserved on 27.02.2012) 
(Judgment delivered on 16.07.2012) 

Court No. - 39 

Case :- SECOND APPEAL No. - 2670 of 1987 

Petitioner :- Smt. Kaneeza Khatoon 
Respondent :- Iqbal Ahmed & Others 
Petitioner Counsel :- M.A. Qadeer,Mohd.Waris 
Respondent Counsel :- S.A. Ansari,R.R.Khan 

Hon'ble Sibghat Ullah Khan,J. 

 

“The mother sold the property and received the sale consideration for the entire property. The said amount must have been spent by her mainly on her minor children. The sale is not binding upon the minor children but they are duty bound to return the amount to the purchaser appellant. 
In this regard reference may also be made to Section 65 of Contract Act which is quoted below: 
"65. Obligation of person who has received advantage under void agreement, or contract that becomes void. - When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received it." 

Accordingly, judgment and decree passed by the courts below are substantially affirmed however they are varied to the extent that contesting respondents are directed to return 14/16 part of the sale consideration paid under sale deed dated 22.09.1964 to the appellant along with 10% per year interest till the date of actual payment. 
Second Appeal is disposed of accordingly. “

 

Also go thru;

‘Principles of Muhammedan Law’ as codified by M Hidayattullah and Arshad Hidayattullah....

Following persons were entitled in the order mentioned below to be guardians of the property of a minor as per Section 359 of Muhammedan Law: The father; The executor appointed by the father’s Will;  The father’s father; The executor appointed by the Will of the father’s father....

 

Legal guardian of the property of a minor has no power to sell the immovable property of the minor except in the following cases as per Section 362 of the Muhammedan Law: Where he can obtain double its value; where the minor has no other property and the sale is necessary for his maintenance;  Where there are debts of the deceased and no other means of paying them; Where there are legacies to be paid and no other means of paying them; Where the expenses exceed the income of the property; …….

 

Which is duly explained by HC,SC in above mentioned citations.

Also GO thru; Limitation Act; PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS; Article;60

60. To set aside a transfer of property made by the guardian of a ward— (a) by the ward who has attained majority; Three years. When the ward attains majority.

(b) by the ward‟s legal representative— (i) when the ward dies within three years from the date of attaining majority. Three years. When the ward attains majority.

(ii) when the ward dies before attaining majority. Three years. When the ward dies.

 

The child has attained majority just a year back and still has say; 2 years to contest as per say Limitation Act and can elect to contest or accept. While the ratification as posted in query could be one of the possibilities, the very purpose of proer legal opinion ids to conclude IF the title is perfect and/or can be perfected! till how to obtain said ratification If possible after examination of all link docs (for perfect title) is the job of the counsel that has been appointed for proper legal opinion. 

So PROPER legal opinion in writing, MUST be obtained.

 

Are you keeping; say 2 years time to register sale deed after agreement to sell? So that atleast limitation per Act is atleast  exhausted.

I have posted as per limitied understanding that can be achieved from small posts in query by querist BUT in detail to the best of my knowledge and understanding.

IT will be certainly appropriate to obtain proper legal opinion in writing before proceeding further in the matter from a very able LOCAL counsel as already posted above.

So far querist is just palnning to buy and has not signed agreement to sell or has paid any monies or has not purchased the property.

Rest is upto the querist.

sir
sale deed says minor himself has sold the property
and the sale deed has thumb impressions of both minor and his father

sale deed reads as
master ABCD son of Sri XYZ aged about 3 years , U/G of his father XYZ hereinafter called the vendor and under photographs and signature sections both ABCD and XYZ thumb impressions are captured along with their photographs

sirs
now the major turned minor is with us . please help me with below queries
1. if major turned minor signs as witness on the sale deed between final seller and myself, will it cease all the rights of the major turned minor on the property
or
2. is it ok if we obtained a ratification from major turned minor stating that sale deed between minor ( seller ) and then buyer dated 2003 is valid and all the proceeds ahve been utilised for his benefits and education, this ceasing all his rights on property and getting it registered

3. what if major turned minor is a consenting party in the final deed between my seller and myself

which shall be the best option for me

Originally posted by : AMARKUMARREDDY SAMA
	sirsnow the major turned minor is with us . please help me with below queries1. if major turned minor signs as witness on the sale deed between final seller and myself, will it cease all the rights of the major turned minor on the propertyor2. is it ok if we obtained a ratification from major turned minor stating that sale deed between minor ( seller ) and then buyer dated 2003 is valid and all the proceeds ahve been utilised for his benefits and education, this ceasing all his rights on property and getting it registered3. what if major turned minor is a consenting party in the final deed between my seller and myselfwhich shall be the best option for me

Read the posts in the thread again, carefully and slowly.

And do a simple thing; Obtain proper legal opinion in writing and let your counsel draft if any and whatever is required in the matter.

Admittedly, the property has changed hands a number of times since the transaction involving the minor. Though the the thumb impression by the three year old child had been meningless, the query is too hypothetical at the present juncture. You would only be waking up sleeping issues, if at all any.