• Major turned minor

My father and mother divorced.

My mother (gifted) transferred permanently her property into my name when I was 15 yrs old.Since i was minor,the guardian was my father.Now I'm 18..Can I transfer my property (without my father's signature or approval.Can I enjoy the rights myself now ?
What happens to the rights of my father?Will he remain guardian untill he himself says that he will not be a guardian?/
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

Yes you can enjoy the absolute right over the property now.

No, he can only be the guardian of the property till you attain majority. After that he will cease to have any right over the said property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Once you attain majority, the right of your father as guardian is over. Now, you can sell, mortgage, gift, transfer the property to anyone as per your wish. No need to get anything done. At the time of sale, mortgage, etc. you have to give proof of your majority i.e. birth certificate.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

Yes after you turn major you are sole owner of property and can transfer same on your wish.

You enjoy absolute right over the property.

Father was just gurdian he has no right over the property.

No as you turn major he is no guardian

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No, first you need to get a title on your name.

After getting the absolute title you can sell the land.

Get in touch with some local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No.you don't need to renew any document the registered.document remain same.Yes.you can directly sell it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can directly sell.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

age of majority is 21 years, not 18.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Order 32 of code of civil procedure deals with under

Rule: 12. Course to be followed by minor plaintiff or applicant or attaining majority-

(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application.

(2) Where he elects to proceed with the suit or application, he shall apply for an order discharging the next friend and for leave to proceed in his own name.

(3) The title of the suit or application shall in such case be corrected so as to read henceforth thus:

"A.B., late a minor, by C. D., his next friend, but now having attained majority."

(4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant, apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant or opposite party or which may have been paid by his next friend.

(5) Any application under this rule may be made ex parte but no order discharging a next friend and permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.

Rule: 13. Where minor co-plaintiff attaining majority desires to repudiate suit-

(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit on such terms as to costs or otherwise as it thinks fit.

(2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant.

(3) The costs of all parties of such application, and of all or any proceedings theretofore had in the suit, shall be paid by such persons as the Court directs.

(4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant.

You need not renew all documents when you became adult by showing your birth certificate you can directly just can sell your absolute rights over the properties

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

the property was gifted to you. take the possession now and you will be the owner of the property. after that, you can do anything with the property. yes, you can sell it to anyone.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

On attaining majority you are at liberty to sell the property

You don’t need your father signature or approval on attaining majority

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Don’t take hasty decision for sale of property

Consult elders in your family before sale of property

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Father was just gurdian he has no right over the property.

Once you attain majority, you get absolute right over the property

you can sell, mortgage, gift, transfer the property to anyone as per your wish

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1. A Minor AFTER attaining status of Major, can directly sell his property without the consent of the Guardian, by executing a Indemnity Bond with strategic clauses, without any further references to the Guardian, who shall have no right over the minor's property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Firstly, as the information mentioned in the present query, makes it clear that property is vested in your name.

Secondly, no there is no such rule where a person has to say hisself that now he doesn’t want to be a guardian.

Thirdly, you have to apply for getting the document renew on your name only now.

Fourhtly, your may have to give an affidavit stating his duty considered to be over now.

Fifthly, even if he doesn’t give an affidavit then you may have to send a letter to him along with the affidavit signed by you stating that you are going for the following procedure either come or considered to be served with free consent.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You may directly sell your property to anybody as you are major now

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

In the case of a minor for whose person or property, or both, a guardian has been appointed or declared by any court of justice before the age of 18 years, and in case of every minor the superintendence of whose property has been assumed by the Court of Wards, age of majority will be 21 years, not 18.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Power over minor’s property

In general, a guardian may do all acts that are in the interest of the minor. A third party may deal safely with the guardian in this respect. However, this excludes fraudulent, speculative, and unnecessary deals. Before this act, a natural and testamentary guardian had the power to alienate the minor’s property if it is necessary as determined by SC in Hanuman Prasad v. Babooee Mukharjee 1856. However, this rule has been restricted through sec 8, which mandates courts permission before alienating the minor’s interest in the minor’s property. Also, a guardian does not have any right over the joint family interest of a minor.

In the case of Vishambhar v. Laxminarayana, 2001, SC has held that a sale of minor’s immovable property without courts permission is voidable and not void ab-initio. It further held that Sec 60 of Limitations Act would be applicable when the minor repudiates the transaction.

In case, a minor repudiates an improper alienation made by the guardian, he is liable to return the consideration.

Liabilities of a guardian

since the legal position of a guardian is fiduciary, he is personally liable for breach of trust.

He is not entitled to any compensation unless explicitly specified in a will.

A guardian cannot take possession of minor’s properties adversely.

Must manage the affairs prudently.

Liable to render all accounts.

If the minor, after attaining majority, discharges the guardian or reaches a settlement of account, the guardian’s liability comes to an end.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

You must make a representation before concerned authorities along with your date of birth certificate and gift deed saying that the guardianship of your father may be discharged. It will be discharged as you became major. Khatha will be changed without the consent of your father. You can sell the property to anybody else as you are absolute owner.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Once you have attained the age of majority, you can very well dispose of the property standing in your name in any manner you desire. There is no need to 'renew' any document for the purpose.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

Once you become major by age, you will automatically become the absolute owner of your property, the guardianship of your father will become infructuous.

He is no more your guardian since your have become major and adult.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Do I need to renew the documents of my property now?or can I directly sell it to someone?

You can sell the property directly by yourself without any need to seek anyone;'s support except to prove your age by any birth proof id.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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