Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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SANKARAN.G. (supdt.)     03 December 2009

Sale of minor property

My sister got a property from his husband  and  she had sell the property under duress.  She has a minor daughter and she will be major in 6 months time.  Can i ask my niece(sister's daughter) to  file a case against the person who forcibily purchased the land from my sister?


 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 December 2009

If your sister has sold the share of minor child without obtaining the due permission from civil court then such child on attaining his majority can challenge such sale within one year of his attaining the majority and in this respect such sale shall be declared null and void but his own share shall be out of sale and not whole sold property.

1 Like

Haider Adv. (no)     03 December 2009

  i m agree with raj kumar makkad that when she will attaining the majority she can claim for part of her share by the civil court but i think for challlenging the such sale there is no time bount limit as you said within the one year and i want to know that she claim for her part or cancelation of sale dead

1 Like

Anish goyal (Advocate)     03 December 2009

i disagree with both members on point of limitation period. I think period of limitation will be governed by art 60 limitation act and it is 3 year from the date of attainment of majority. If m wrong please correct me
1 Like

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     04 December 2009

Mr.Sankaran has not given the vital information as to whether the property belonged to minor or absolute property of his sister.

If the property was owned by his sister, she herself can file a suit challenging the sale.

If the property was owned by both his sister and her daughter then, both can join together to file suit. 

If the property was of minor, the mionr daughter can file suit within 3 years of her attaining majority.

Mr.Anish Goyal is correct.

1 Like

SANKARAN.G. (supdt.)     04 December 2009

My Brother-in-law purchased the property and he died without any settlementor deed.  She has got one daughter and i feel both have equal share on the same.  But, due to some untold propblems, she had to forcebaly sign in the sale deed.  I want to negate that.

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