• Minor ratification

I am buying a plot of land from a developer company. 
In the linked document 10 years back some portion of the land was sold by minors along with their father. (property was inherited by minors father from his father). Can still after 10 years they can claim their share
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

Suit to set aside sale should have been filed by minors within 3 years of attaining majority

If it has not been done sake would be binding upon them

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

What was age of minor at time of sale of land ?

If they were eight years old or so they can still file suit to set aside sale deed

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

when father has signed the sale deed then son, after attaining age of maturity cannot claim because:

1. father is the guardian of that child.

2. father has right to take proper decision in welfare of his child (a k kousik vs b l sharma AIR 2004 All).

3. if child has any grievance he should have suit through his next friend.

4. minor's sign is material to show that he knew the fact that a sale deed is being executed so he should take proper legal course within limitation. he cannot file suit after a gap of 10 years.

5. you are a bonafide purchaser and purchased it after paying full consideration. hence your right shall be protected by the law.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. The property of a minor cannot be sold without the permission of the Guardian court. The title is defective. You cannot get a title better than the title of the seller.

2. The minors can within 3 years of attaining majority challenge the sale in the civil court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Though the sale of property involving minor interest is sold during the minority of the co-owner, the minor can claim his share within three years from the date of attaining majority or from the date of such knowledge after attaining majority.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Sir. Minors along with their father had signed on the sale deed also 10 years back. still Is there any slight chance they can claim their right

If the minor attained majority more than three years as on this date, then they would be barred by limitation to claim any share in it at this stage.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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