Dear client,
Your sale deed is valid. Minor has right in the remaing property. You need not worry.
Is my registry valid
I bought a piece of land (1901 sq feet) in Feb 2017. The seller are 3 brothers ; two of them are alive and one is expired. Before his death his wife had expired. He has one child (Minor at the time of registration). Then he married again and one child from second wife. Then he also expired. Now my sale deed was signed by two brothers and second wife of the third (dead) brother as this property was ancestral i. e. on their fathers name. I applied for home loan then the loan proposal is rejected saying the Minor son of the dead brother can claim in your property whenever he wish after being Major. Now I want to know that 1. Is my property sale deed valid? 2. My Mutation has been done and received the RASHID for 2 consecutive years. Is that valid ??? 3. How that Minor can claim in my property whereas the sellers have more land left adjacent to my land and they are still selling lands as usual. That minor boy can take his rights from the leftover land. Can a piece of land be sold by two brothers and third brother's wife without consent of first wife son (a partner of that undivided land) ??? 4. Any law/article regarding that ???
Asked 5 years ago in Property Law
Religion: Hindu
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20 Answers
Sale not valid. Both son have equal right with mother, 1/3rd each. They can file suit for cancellation of sale.
Mutation has nothing to do with title, its just for revenue record entry.
Minor can challenge the sale within 3 years of becoming major and other son too even now if he is major.
Law is already clear, sale is illegal with respect to children share.
1) minor can within 3 years of attaining majority file suit to set aside sale deed
2) sale of property as far as other brothers are concerned is valid
3) mutation does not confer title to property
4) it is only for payment of property taxes
5) in case of minor for sale of his share court permission is required
In registrar office Munshi jee told me that the sellers have more land leftover adjacent to my land and other places also so that child (now attained majority) can ask his rights in remaining property not in your land. And I came to know that they have distributed their property among all mutually (not through court) in 2018 and that boy got his parts not near to my land i. e. somewhere else. If that boy do not file suit up to 3 yrs of attaining majority then after 3 yrs the sale deed will be valid or not???
Asked 5 years ago
If no suit is filed within 3 years of attaining majority then sale deed would be valid
1. Sir your sale deed is not valid for complete land as for minor mother has to sign after receiving permission from the district court. You need confirmation deed for the property.
2.mutation is just proof of possession.
3. Minor can file for cancellation and can claim from the complete share of the property.
4. Succession law and Hindu Minority and guardianship act along with the transfer of property act coe in picture.
1. See after that suit is barred by limitation but still he can seek condonation of delay and can still file suit and your title will not be clear. You should get confirmation deed for minor.
1. The non involvement of minor in the registered sale deed is legally incorrect because he is one of the legal heirs of the deceased shareholder.
The bank is right in its opinion.
2. Mutation record is not a title document.
3. Your logic cannot become law.
The minor son's share cannot be denied.
4. You can go through the succession act 1956.
You are right in your understanding.
You may wait until then.
Dear Client,
Yes, it is will be valid after 3 years and is still valid.
Your sale deed is not valid.
Mutation of a property in the revenue record does not create or extinguish title nor has it any presumptive value on title.
The minors property cannot be sold without the permission from court. the minor has the right to challenge it on attaining majority.
Sale deed is valid till it's challenged by the minor. As being minor the other legal heirs should approach court for the said sale deed execution. If the minor is legal heir then he can claim
If my sale deed not valid then how will it become valid ? The boy is major now. Should a part of my land (I.e. 317 sq feet out of 1901 sq feet) be registered again by that boy ? Is there any provision for making sale deed for a part of land allready registered to me through sale deed ?? Plz advice..... Thanks
Asked 5 years ago
ask the seller to contact minors who have attained majority to execute deed of confirmation
2) it should be duly stamped and registered
No he just have to give a confirmation deed confirming earlier sale.
The question is about minor child's property that has been sold and not about the validity of your sale deed.
If at all he files a case let your vendor answer because they only have sold his share in the property
You may wait until a case is filed by the minor child after becoming major by age.
After lapse of 3 years, his claim will barred by limitation.
It's valid till it's challenged. It's not necessary that he challenges you can settle with him out side the court and pay him his share if challenged
yes, major boy should execute sale deed or conveyance deed.
Dear Client
The bank is absolutely right the minor boy claim his rights in the property after he attains majority and can challenge validity of your sale deed.
It doesn't matter that mutation is done or not the said if an ancestral property sold in which there was right of a minor child then other heirs have to get permission from court to sell the share of minor child.
If the two uncles of minor boy give him his share from the left over land then there are chances that he doesn't challenge your sale. But if he is major now then you should get a written consent from the boy to make your purchase a valid legal transaction
- As per the information mentioned in the present query, makes it clear that property has already been divided between all of them including the minor child.
- He must have got his share in the property and you will have to see as to in which portion he has been residing or having title or having possession.
- If that portion is not with you then there is no question for him to claim his right in your property which you have bought from the other two brothers.
- There is no confusion in it and for your information let me tell you that if the person has actual right or claim then he can file for the same even before the expiry of 20 years, but that is not the situation in your case. So, don’t worry.
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