By way of sreedhana settlement deed by the mother of settlor with the covenent that the father and children have absolute right. The mother expires leaving husband and two male minor childern as her heirs.The father obtain order from Madras,H.court to act as a adminisrator.The father elinquised his 1/3rd share in favour of his sons. Thus sons becomes absolute owners- who are the settlors in the present matter. The settlors who is the father & paternal uncle settled their shares seperately in favour of settlee(Settlee age is one year old) with a covenant settlee will have life interest and absolute right to his children.The settlee when attains major, obtained the ex- parte decree in the the lower court making the settlors as a defedant, by which the clause of "absolute right to the children of settlee" made null and void.Based on the said decree, the settlee has given the property as a 3rd party colleteral for which Modt .NOW the settlee wants to sell.Wheather based on the lower court order the settlee can sell or to obtain order as per GUARDINSHIP ACT1890. Kindly advice.
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the ex parte decree has not been challenged by the settler
2) the ex parte decree has attained finality
3)the settlee can sell the property on basis of court orders passed by lower court by which the clause of "absolute right to the children of settlee" has been declared null and void.
4) the only problem is in case settlor file application to set aside ex parte decree
When the property is on minor's name and when the minor attained major then to acquire the property from the guardian he can file a declare major petition mentioning this as reason and after that he can proceed with the proposed sale deed.
