Power to sell property on becoming adult
Sir, Mrs. X (not any relative of Mr. Y) has registered 16 dhur land in the name of Mr. Y (9 Yrs) on 13 Dec 1982. Mr. Y has sold the land on July 2004 to Mr. Z. Now, Mr. W (father of Mr. Y) has filed Title Suit for claim that he has purchased said land in his son name at the time of purchase. Because, his son was minor (9 Yrs) at the time of purchase. However, Mr. Y claims that his care was undertaken by his grandfathergrandfather & grandmother not father. Also, at the time of purchase in 1982, Mr. Y mother was no more & Mr. W has 2nd marriage. Now, Mr. W wants that court should pass decree in his favour. It is important to mention that in the sale deed of 13 Dec 1982, Mr. W has not signed anywhere, not even as witness. Also, Mr. W name is not mentioned in the sale deed.
Asked in Property Law from Muzaffarpur, Bihar
Please advice that Mr W is entitle to claim for property or not?
Asked 2 years ago
1) Mr Y had no source of income when property was purchased in his name . admittedly he was minor at that time .
2) if Mr W claims he had purchased land in his son name he would have to show that funds had been transferred from his bank account to that of seller
3) if Mr Y had sol d land on attaining majority what was Mr W doing for so many years .
4) why was n o suit filed for period of 10 years for setting aside sale deed . ?
5) the averments made in the suit have to be perused as to whether any case is made out by father Mr W or not
6) without going through the various documents cited by you we cannot say whether Mr W will succeed in case or not
1. Once the land had been registered in favour of Mr.Y unconditionally he became the owner of the property even if the purchase was made by his father.
2. Mr.W has to, in order to succeed in the court, prove that the sale was conditional and that the condition of transfer of ownership to his son has been violated by the latter. Alternatively. Unless he is able to prove the sale as conditional and violation of the condition of sale by his son he cannot succeed in the court.
3. It does not matter whether W has signed on the sale deed as a witness or not.
Sir, refer to question 28743. Case has been filed by father W after selling land in 2004. Also, in 1982 at the time of registry land by son Mr. Y. Transaction were made by cash. There is no proof of cash transfer. Father was not taking care of son. Mr. Y caretaker were their grandfather & grandmother. Also, at the time of selling land, Mr. Y was adult not minor. Then how Mr. W can claim for the land? Mr. W name is no where mention in sale deed neither as a witness nor guardian. Pls advice
Asked 2 years ago
1) in your reply it has to be denied that father MR W had paid consideration for purchase of property in name of Y
2) mention that consideration was paid by grand parents
3) further take the plea of limitation that after peiod of 11 years father has taken legal proceedings to set aside sale deed .
4) further whether father Mr W had in his income tax returns disclosed about consideration paid for purchase of land in 1982 in name of his son would also be materiel factor
1. The grandfather and grandmother have no legal character in the dispute between their son and grandson.
2. As I said earlier, Mr.Y's ownership to the land can be impeached in the court only by showing that the sale in his favour was conditional and he violated the essential condition of the sale.
Eve assuming that W purchased the land out of his funds on his minor son's name in the year 1982, there is no legal issue in the son selling the property in the year 2004 when he became a major by age and not insane or incapable of selling the property.
Therefore the claim of W is not maintainable in law or facts.
1. The property was purchased in the name of a minor,
2. A minor's property can not be sold without the permission of the District Judge,
3. The sale of the property of Mr.Y is invalid,
4. Mr W shall have to file a declaratory suit before the Civil Court praying for declaration that the consideration was paid by him while registering the property in the name of his son Mr.Y and that he should be declared as the Title holder of the property,
5.On receiving favourable order in his egard, Mr.W can claim then title of the property.
Yes, Mr.W can claim the property if he can prove that he had paid the consideration while buying the said property in the name of his son Mr.Y.
1. It is to be examined as to who had paid the consideration for bying the property in the name of minor Mr.Y,
2. If Mr.W can establish that he had paid the said cash then he can ertainly pray for declaration hat he is the actual title holder of the property,
3. Whether Mr.W took care of Mr.Y or the name of Mr.W was anywhere mentioned in the sale deed or not is of no relevance in this matter.