After attaining age of majority , minor can enter in to sale transaction of property purchased by him as minor. No one is required to represent major seller in sale deed.
Seller bought as Minor age but now while selling is Major age
Hello, Agricultural Land Maharashtra, Nasik We are buying Agricultural land from 2 brothers: A and B 'A' was always major age 'B' was Minor age (represented by his Mother 'M') when land was bought by them Now in 2022, B has also become major age So what precautions should we take wile buying from A and B so that no problems later on Also should Sale Deed have seller as A and B represented by Mother M or A and B and no role of Mother M in sale deed or any procedure Could Mother M claim any rights later on if she is not mentioned in Sale deed ? All are alive in their family
Asked 3 years ago in Property Law
Religion: Hindu
12 Answers
in sale deed names of A and B should be mentioned
2) mother has no share in property
30 her consent is not necessary as she was only acting as guardian for purchase of property
We also have follow up question for same Agricultural Land - Nasik, Maharashtra the Land boundary mentioned in Sale Deed is slightly wrong Like neighbouring Plot number mentioned East: Plot 227 (but actually it should be Plot 207) South: Plot 222 (but actually it should be Plot 220) Error Caused due to axis being slanted and misprinting of plot 207 as 227 The plots are marked and fenced and discussed with neighbours also: the seller is genuine but there were genuine mistakes in the Boundaries of the sale deed We have also got Private Survey conducted to get correct boundaries Question: Should we ask them to make correction deed with their previous seller ? would that be sufficient ? or any other procedures needed to be followed ? Thanks
Asked 3 years ago
deed of rectification has to be executed to rectify mistake in schedule of property
2) it should be duly stamped and registered
A sale deed can also be corrected through registration of rectification deed. Any typo error in name can be corrected by registering a rectification deed. legal mistakes and/or if you are seeking to change the basic nature of the original deed is not permitted through rectification. Both the seller and purchaser are required to be present for execution of rectification deed. The buyer has also to produce original sale deed. Stamp duty for rectification deed is Rs. 100/-.
It is safer to get any such mistake corrected to avoid any devaluation of property in future.
The property was purchased by A and B. B was a minor at that time. But now he is a major and hence their mother has no role to play in the selling of the property.
1. Let A and B be shown as sellers in the sale deed in which the mother M may sign as consenting witness.
2. To correct the boundaries, get the Rectification Deed executed by the previous seller and the present seller.
If the earlier deed has entered wrong details then rectification deed is possible otherwise not
Sale is only to be by A and B
Mother not required
If the property was bought on the names of and B, since the minor purchaser has become major by age now, he can execute the registered sale deed jointly along with the other shareholder.
You may obtain the proof of birth of the other minor purchaser to confirm that he is of 18 years old adult now.
If so his mother is no more a legal guardian to the minor hence she cannot claim any rights in the property now or later on.
The seller has to first get the error in the schedule of property rectified by executing a registered rectification deed.
The vendor cannot sell a different property or the property with defective title.
You may obtain a proper legal opinion before venturing into the purchase of this property.
Dear Client,
If either party has found an error in the sale deed, the buyer and the seller will have to make an appearance in the sub-registrar's office, where the deed was previously registered. They will have to submit an application to the official, seeking correction in the document, along with all the supporting documents.A rectification deed should be executed after mutual consent of all the parties to the main deed. All parties to the original deed should jointly execute the rectification deed as well. In case the original deed is registered, one should get the rectification deed also registered.You will need to make a written request for indemnity for the Land Registry's legal team to consider, and any genuine mistakes on behalf of the Land Registry ought to be compensated appropriately.Through a Rectification Deed, only factual errors in documents can be rectified / corrected / nullified. Legal mistakes cannot be fixed through a Rectification Deed. A Rectification Deed cannot be used to change the legal or the basic nature of the original document.
Thanks & Regards
- Since, the said land is in the name of A & B , hence after attaining the major age of B , his mother having no right , title or interest in the said land legally.
- His mother was signed in the sale deed at the time of purchasing the land , just like a guardian , but the reality was that she had not signed as owner of the property .
- Hence, mother cannot claim any right over the property now when the B has attained majority.
- For correct\ing the said error , you can execute a Rectification deed .
