Selva Ganapathi 07 January 2021

sale of Minor property

In 1975,A Hindu grandfather makes a sales deed to his grandson (Minor - age 5 at the time ) with Minor's mother as guardian. In 2006, Minor turned into major ( his age is 33), he sold that property alone to a third party without the consent of his mother (Gaurdian). Now in 2021, her mother sent a lawyer notice to that third party that she also has a share in the property.
Does the guardian really has rights?

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Quick Summary

This discussion addresses the sale of a property originally transferred to a minor in 1975, with their mother as guardian. The core question is whether the mother retains any rights or claims over the property after the son, now an adult, sold it independently in 2006. The consensus is that once the individual reaches the age of majority (18), they gain absolute ownership and the right to sell the property without the former guardian's consent. The mother's guardianship rights ceased upon her son turning 18, and she has no legal standing to claim an interest in the property sold 15 years prior.

7 Replies

Sridaran Ganapathysubramanian 07 January 2021

once the Minor after completion of 18 years,he will become major as per law.So,he has got every right to sell the property to any person with out getting any consent from his mother.His mother has got guardian rights till his attainment of majority.

G.L.N. Prasad (Retired employee.) 07 January 2021

The legal notice is just a threat and mother is aware that her son is absolute owner for 28 years. As the notice is from mother, it is the duty of the son to make arrangements for her comfortable living.

Selva Ganapathi 07 January 2021

Thank you so much 🙏

Dr J C Vashista (Advocate) 08 January 2021

The owner, then minor and now major is absolute titleholder and can dispose the property without knowledge or consent of mother, she has no locus standi right, claim or interest in the property.

Selva Ganapathi 09 January 2021

Respected Sir, in the same case,the mother has 3 sons.But we don't know that 2 younger sons are born or not at the time of sale. But in the property paper only eldest son name only mentioned. so we have sign of eldest son only. Does other younger 2 sons have rights ?

G.L.N. Prasad (Retired employee.) 09 January 2021

Don' confuse and make others confuse. The sale deed is in the name of Mr.A, whether it be a grandfather of some one, that registered document is a title and he can deal it as he likes. His mother or his siblings can not bring any action as it is a registered title deed.