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patric (owner)     19 March 2010

who is the owner?

Hallo?I want to know what happens to the property now?My friend is the elder brother so just because the younger was suppose to be a priest and sisters force also mothers the shop had to be put on the younger brothers name whereby he was not legal to sign he was a minor.The thing is he never became a priest and the elder have been looking after the shop by his own power he have done extensions as well of the shops and made it better then ever now comes the crush part the share.He know about the agreement cause they had a fight and the younger warned elder about evacating the shop at that time the elder told him about the agreement and he was calm now what happens who is the rightfull owner ?Is the younger brother or the elder or the premises owner who made the sale deed ?

 3 Replies

cyberlawyer (barrister)     19 March 2010

In this case, the alienation or sale has not taken place at all. Because the sale deed was signed by a person who is a minor. A contract entered into by a minor is void ab initio (void from the begining) so not enforceable. If the person (minor) himself cannot claim right as owner, then the question of his elder brother who runs the shop for a decade or more will not arise at all. Here the vendor who signed the sale deed alone can claim right.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 March 2010

Mr Patric

Your question requires clarity.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 March 2010

Put the quarry with more specific facts and problem

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