• Property sold by mother of a minor without consent

We own a property in a small village in Bihar. This property was bought by my grandfather and father about 38 years ago. And my father has been living there since then. This property was sold by the mother of two minor sons after their father's death. My father and grandfather were not aware of this and were neither informed by the official at registrar office that two minors were listed as owners in the property. Now after 38 years we are expecting a dispute to be raised by the sons on a part of the land. 

Please suggest the best way out.

Please suggest a legal resolution to this.
Asked 2 years ago in Property Law from Kolkata, West Bengal
The property is required to be partitioned by metes and bounds among all the legal heirs who have undivided equal share in it.
So you can do so either by way of amicable deed of partition or through suit for partition.
It s high time that you approach for amicable settlement than make the dispute raise its head.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, in your case mother has sold the property not only for herself and also on behalf of the minor sons and after completion of the 38 years now they wanted to challenge the sale deed but they can not do so.

2. Because minor can challenge the sale deed immediately after completion of age of 18 years and they have to file a suit in between age of 18 to 21 years  and now they can not challenge the same.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If the property was registered jointly in favour of your father and grand father then they were the joint owners thereof. How did then this lady come in picture and got herself and her minor sons listed as the owners? What is the relationship of this lady to your grand father and father?
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1. You have earlier stated that the property was bought by your grandfather and father, whereas subsequently you have stated that the property was owned by the mother and her two minor sons. How is this lady related to your father or grand father? What is the nexus between the joint ownership of your grand father and father and the ownership of this lady and her minor sons? Did your grand father or father transfer his ownership to this lady by sale?

2. If despite the joint ownership of your father and grand father the property has been sold by some one else then you need to challenge in court the sale made by this lady.

3. Since the property has been sold the subsequent purchaser can evict your father by filing a suit for his eviction in the court. A complaint for trespass can also be filed against him which can land him in a tough spot. 

4. You will be asked to explain in the court as to why you took 30 years in challenging the sale deed.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1) mother could not have sold the property standing in name of 2 minor sons without court consent . 

2) court grants permission subject to the condition that minor share be deposited in court and placed in fixed deposit till minors become majors . 

3) minors can within period of 3 years of attaining majority challenge the sale . 

4) after period of 38 years chances of success are bleak 

5) delay in moving court for 38 years will have to be explained .
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1) the facts mentioned by you in your 2 posts are contradictory to each other . 

2) in first query you mention that property was standing in name of father and grand father and your mother sold property after demise of father . 

3) in second post you mention father was witness to sale of property by mother . that 2 properties were bought . one  was standing in name of 2 minor sons second in name  of mother . 

4) please note that our replies are based on facts stated by you . 

5) it is better you consult a local lawyer . let him peruse the papers then advice you accordingly
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. the query is confusing. You have stated that the property belongs to your grandfather and father. if it is so then how come "property was sold by the mother of two minor sons after their father's death"?

2. Do you have two minor brothers?

3. However, the joint property of your father and grand father will be devolved upon their legal heirs which can be partitioned by metes and bounds through a partition deed,

4. Share of minor children can not be sold without the approval of the District Judge,

5. You can challenge the said sale deed now before the Court of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. Your second query does not carry a small correction to the fisrt query. It is totally different one,

2. However, the property standing in the name of the monors can not be sold without the approval of the District Judge,

3. An application shall have to be filed before the District Judge, who being convinced that the said sale will be for the aelfare of the said minors, may grant permission for the said sale,

4. Without appropriate approval, sale of minors' property is illegal.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Hi, when the property was purchased for the benefit of the minor and mother of the minor has to seek permission from the court for sale then only it is valid sale other wise it is not a valid sale.

Secondly, Minor of the property has to challenge the same after completion of 18 years before 21 years if they not challenged the same then they can not file a suit for declaring sale transaction is void.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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