My Grandfather with his elder sons and his minor son purchased a property and later sold the same property by my grandfather with his elder sons without taking any permission from court as per the minor share is concerned. Is the sale is valid?(Religion Hindu). After sale of the property, same has been purchased by one of elder son of my grandfather in his own name after laps of two years.what is the right of the minor son of my grandfather i.e right of the minor brother in the purchased property of his brother.
That was benami transaction. Merely buying in the name of minor dose not make him owner, actual contributor in purchase of property was grandfather.
Otherwise also, minor could have challenge the sale within 3 years on becoming major. So issue is time barred.
No it requires permission from court for selling minor share. You can challenge the saled deed in court
Court permission was necessary for sale of minor share in property
2)minor can file suit within period of 3 years of attaining majority to set aside sale deed
1. The Minor (when becomes major) can claim his share of the property. GF has no legal right to sell minor's share ratio of the property.
2. The agreement can be set aside as null & void, for all legal purposes.
If no permission from court is taken the minor on being major can challenge such transfer of the property and sale. The minor son can file suit for cancellation of the sale.
Dear Sir,
you have a good case as permission of the Court is necessary. you can challenge the same without any hesitation.
Without permission from court of sale share of minor, sale shall be invalid to the extent of share of minor.
Minor son through his legal guardian or after attaining majority can file suit for cancellation of sale of his share and declaration of tile in his favour.
- Under the Guardians and Wards Act, The guardian of the minor will have to take permission from the Court , before selling the property.
- Within two years from the date of attaining majority the minor can claim his share.
- Hence, the said sell is not valid as per law.
- Since, the said property has been purchased by the elder son of your grandfather, without taking order from the Court , hence the minor son can claim that property from his as well.
The minors property cannot be sold without the permission from court. Even if sold it, the minor has the right to challenge it on his attaining majority
Under Sec.8 it has to be for the benefit of the minor person, the guardian / parent as to take permission of the court before completing the sale.
However, case on hand, immediately after attaining the age of majority, the aggrieved (minor) person can challenge the said sale in the court of law. He needs to prove to the court that it was not for his benefit.
No sale is not valid and it would have been set aside but only if the suit is filed after the minor son turns major or when ever he gets knowledge about the sale after turning major.
The minor son can file a suit before the court to cancel the sale deed insofar as his share in the proeprty is concerned since the same was sold without his consent especially when he was minor by age.
This suit has to be filed by the so called minor son within three years from the date of attaining majority of age.
If he failed to take any action within three years,t then he cannot claim any share in it and any case filed by him will not be entertained since it will be barred by limitation.
