• Minor Property sold by guardian

Dear Sir,
Am planning to buy a land in Bangalore. One of the previous transaction was done by the father of a minor in whose name the property was bought. In 1990, father bought the property in the name of his 8 year old son. Father, a Muslim, sold the property in 1996 while his son is still a minor, aged 14 years. After this transaction there was one more sale in 2004. No more transactions after 2004. There is no court ruling available for the transaction happened in 1996. Current owner is a Hindu. Is it safe to buy such property? Suggest any alternate, if available.
Thank you.
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

See check there was court order or not allowing the person to sell minor property in 1996 if not then you can make a sale deed from.current owner and can make minor who is major now as an confirming party.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Suit if any by minor to set aside sale deed should have been filed within period of 3 years of attaining majority 

 

2) since no such suit has been filed claim by minor son would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

1. IT is a settled law that Minor's property CANNOT be sold by ANYBODY (even father or legal guardian or whosoever), without relevant permission of the Court.

2. The Future title will remain defective, perpetually, in the event the Minor (now major) decides to initiate Civil Proceedings, against Father and all subsequent buyers.

3. HOWEVER, this can be circumvented by taking signatures of Child (now major), as "confirming party" in ANY subsequent registered sale deed between ANYBODY, having appropriate strategic clauses, wherein Major Child perpetually relinquishes all rights to raise objections or file any legal proceedings, relating to the property. Relevant Indemnity Bond also needs to be taken by such Major Child..

4. Refrain from buying disputed properties, since the said Major Child, would magically surface, AFTER any new deals.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can ask from the seller that when he purchased land the father took permission of court or not.

See minor is already major and he has not challanged for so many years so now since it is barred by jurisdiction. So you can make a sale deed.and can take indeminity bond from.seller.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In my opinion, it may not be a safe purchase because the property having minor int erst was sold without court permission nor there was a ratification obtained from the minor title holder after he became a major by age.

The minor may claim his rights anytime stating that he came to the knowledge of it only very recently hence you may be tangled with the litigation or disputes which may spoil your peace and it may be a stress to you till the case is disposed..

It is better you obtain a legal opinion from  a local lawyer and then decide after the recommendations.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

You produce the property related documents before an experienced local lawyer and get his legal opinion first before taking further steps.

This step would make you realise the gravity of the problem involved in it.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

the minor must file suit within the prescribed limit of 3 years after attaining majority. 

 Narayan vs Baba sahib and ors, AIR 2016 SC

was to bring to our notice that the same issue
has been discussed also in this case.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes it is safe for you to purchase the property since the father at that particular time gave the consideration and the child in no capacity purchased the property and neither the same was gifted to him. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may make a publication in the newspaper and thereafter purchase the land. 

in my advise it is safe to purchase the same 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can issue public notice inviting claims 

 

2) similarly take search in district court in your city for any case filed by minor on attaining majority 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Dear Sir,

A minor property cannot be sole without the permission of the Court. However the minor should challenge such transaction within years on attaining the age of majority.  Thus the property is absolute. Please discuss the issue with papers.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Yes you can publish a newspaper notice and also take an indemnity bond

Prashant Nayak
Advocate, Mumbai
34521 Answers
249 Consultations

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