• Minor property

Namste sir 2 saal phle Maine 2014 me ek plot liya Jo ki ek bacche ke naam tha 7/12 aur sale deed me bacche ke name sath uske papa ka bhi name tha. Sale deed ke samay uske papa ne mujh affdivat karke diya ki bacche ke study air medicine ke liye plot sale kr RHA hu aur sale deed mere name se ho gyi abhi WO ldka 16 saal ka hai to kyaa uske major hone ke baad use maaloom hoga to mujhe is use property deni padegi kyki an plot pe building ban chuki hai. To kyaa meri sale deed non valid hai ya abhi main kayy kr skta hu uske major hone ke baad notry ho skti haier sale deed valid ho jayegi
Asked 7 years ago in Property Law
Religion: Muslim

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4 Answers

1) for purchase of minor share in property court consent is necessary

2) on attaining majority minor can file suit to set aside sale deed as property has been sold without obtaining court permission

3) no permission obtained minor can move court within period of 3 years of attaining majority challenging sale of property

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. yes, sale of proeprty is made without the permission of court is voidable at the option of minor.

2. So in your case if that child once become 18 years challenges the sale you will have top give him price of land.

3. In that event of affidavit of his father done at the time of the sale is of no value.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. To sell the share of a minor in a property the permission of court is indispensable. Any sale made without the permission of the court can be avoided by the minor within 3 years from the date of attaining majority.

2. Notarization will have no legal value.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Father or the guardian of the minor child canot sell the property that has minor interest without the permission of court of law.

The minor can claim his share in the property after becoming major within three years, then the court may decide against the present buyer.

However if the minor executes a ratification or confirmation deed, then there may not be any problem after that in that respect.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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