Ram (-) 13 December 2014

When a property is considered minor property?

Sir,

I am planning to purchase a property. When we checked the parent documents, there is transaction involving the following -

A husband and wife buying the land in the name of their kid (3 years old ) in 2001 with mother as guardian. And then, in 2004 the kid's mother with father as one of the witness are selling the property for child's education and well being of their kid.This sale was executed without getting the court order or permission.

Is this sale a valid sale now ?
Is this property considered as a minor property? The reason for this question is, the seller informed me that the the property is not a joint family property in the name of child or a property given by a grand parent to their grandchildren.
What can be done to make this sale a valid sale now in 2014, if that sale is voidable? What measures I need to take before I purchase this property?

Expecting your valuable answers.

Thanks!

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 December 2014

sale of such property cannot be done without prior permission of the court.

It is valid sale. under Hindu Minority and Guardianship

Act, sale of such property cannot be done without prior permission of the court.

Ram (-) 13 December 2014

Sir,

Thanks for answering my first question.

You have said 'It is a valid sale' and you have also mentioned that 'sale of such property cannot be done without prior permission of the court as per Hindu Minority and Guardianship Act'.

In this case, the seller/guardian did not get the prior permission from the court. Your answer 'sale is valid' seems little contradicting here. Please help me to understand.

Thanks again!

Ram