Minors ought to have filed suit to set aside sale deed within period of 3 years of attaining majority
2) their suit would be barred by limitation
3) Mrs. Joyce can execute sale deed in your favour
Sale by Guardian in respect of Property owned by Minors
In 1984 a plot of land (61 cents) owned by two minor children aged 13 and 15 was sold by their father to one Mr David. Six years later ie in 1990, David sold the land to one Mr Antony. The land was in possession of Mr Antony for the past 28 years. In January 2018 Mr Antony sold the land to one Mrs Joice. The present Sale deed is in her name. Also she has effected necessary mutation and has obtained patta in her name and has paid the land revenue also. Mrs Joice now offers the land to me. Please advise whether Mrs Joice has absolute right to sell the property to me. What is the position of the minors(now majors). Whether they can file a suit to set aside the sale deed. Whether the sale deed to be executed by Mrs Joice in favour of me will be perfect in the eye of law? Please note that all the people involved in these transactions are christians.
Asked 7 years ago in Property Law
Religion: Christian
14 Answers
when the property was sold in 1984 both the owners were minors
one minor attained majority in 1989 and another in 1987
a minor when attains majority has to either raitfy the sale deed or challenge the same within 3 years of attaining majority
as both owners never challenged the sale within 3 years of their attaining majority, they have thus impliedly ratified and confirmed the sale done by their father to first buyer David and thereafter by him upto the present owner
so the presence owner Mrs. Joice has a clear title and can sell the land
See if after attaining majority they have not challanged the sale deed within three years they now cannot challange as it is under limitation act. Further the guardian if has sold the property for benifit of minors they have no locus in court now.
Mrs. JOice has absolute title over the property and the sale deed executed by her will be perfect in eyes of law.
if minors father convince the buyer that the property was sold for taking care of the needs of the minor that transaction is valid , incase if minor want to file a suit there is a limitation,
Time limit prescribed to institute a suit is 12 years. Therefore minor claim is a time barred one.
If the property is registered in the name of joice and you intend to purchase it, you just need to:
1) examine the documents.... Whether it is registered in her name.
2) examine the land record at collector's office.
3) then pulblish an advert in two newspapers--- one English and one vernacular--- to the effect that you intend to purchase the stated property and anyone claiming any interest/incumbrance, state it to you within 15 days..
If none come forward within the period of 15 days, you can safely proceed to purchase it
The property on the name of minors can be sold only with the permission of the court. However the minor can claim the property if the same has been sold by their guardian without permission of court within three years from the date of they becoming major by age .
Since the property has been sold by the guardian of the minors in the year 1990, now any claim by the then minor children is badly barred by limitation.
When it is sold by the father of minor being their guardian they can't challenge it now. You can take an indemnity bond with this respect from the current owner owner.Actually things should be addressed during registration of that plot at the first place.
Thank you very much for your replies. If suppose the vendor concealed the pendency of any civil suit initiated by the minors what will be the remedy?
Asked 7 years ago
1) in such a case you would be protected by indemnity clause in contract
2) you can sue the seller to recover your money with interest
Issue a public notice in local newspapers informing about purchase of the property once owned by the minors and call for objections against the sale
Dear Sir,
The advice given by another advocate seems to be correct. If there is no suit pending filed by the minors who attained age of major then there will no issue and you can get valid title from Mrs. Joice. Please check online e-courts for pendency of cases and also take encumbrance certificate for concerned Department.
No action can be taken against vendor at this stage.
The buyer should have been careful about it at the time of purchase.
He should have obtained legal opinion before buying the property.
Take indemnity board from seller, you can be protected and steps against the seller can be taken.
Nagarjun cancel the property on behalf of the minors are their own benefit and definitely the first sale deed have this kind of class that why this land is being sold because for that purpose there must be an approval from the court to sell the land.
Mrs Joyce is the rightful owner of the property
The minors had six months' time form the respective dates of their attaining the age of majority, in order to dispute sale of the property by their father to David. Now, their claim is barred by limitation. Assuming they had filed a suit, they would have obtained a stay and attached the property by now. In the absence of any such act, it is safe to purchase the property.
