Ved Prakash Sharma v. Hunny Sharma, CS No. 11084 of 2016, decided on 1-10-2021]

2) 

Noting that the rule that a minor’s agreement is void ab initio which was laid down in the famous case of Mohiri Bibi v. Dharmodass Ghose, (1903) 30 Cal. 539, was propounded in minors’ favour for their protection, the Court observed that the law does not regard a minor as incapable for accepting a benefit.

Further, the Court stated that even if it is presumed that the plaintiff was minor at the time of registration of sale deed, it does not make the said sale deed invalid. At the most it could have been challenged by the vendor or the person claiming through said vendor and not by the other joint shareholders/transferee or the person claiming through them, which is not permissible under the law.

You can execute rectification deed for the same 

You will need to obtain a court order in order to rectify the situation. Depending on the exact circumstances, you may be able to obtain a rectification deed through the court, or you may need to apply for a court order to grant a NOC.

1. Get 'Confirmation Deed' executed by the Girl ( who was minor in age then) and get it registered in the very same jurisdictional Sub Registrar's Office in which the sale deed had been registered in your name.

2.  By following the above, the problem would be solved.

- If a deed contains mistakes like mis-spellings in names, description of property, these mistakes can later be corrected through rectification deeds.

- A deed can be rectified at any time since there is no limitation for rectification. Whenever an error found out in a deed, the parties can proceed with rectification of the error at any time.

- As per law, a minors property cannot sold without getting court order 

- Since, she now attained the major age , then you can take confirmation deed for the said sale deed. 

Dear client,  

It depends on the specific details and laws of your jurisdiction. However, in general, if the property you purchased contains a minor's name, you may have a few options to rectify the issue:

Obtain a No Objection Certificate (NOC) from the minor's legal guardian: This is a document that certifies that the legal guardian of the minor has no objections to the sale of the property. This can be used to prove that the sale was made with the consent of the minor's legal guardian.

Execute a rectification deed: This is a legal document that can be used to correct errors in the original property sale deed, such as the inclusion of a minor's name. This deed can be executed by the minor and their legal guardian after the minor has attained the age of majority.

Apply to the court: If you are unable to obtain an NOC or rectify the deed, you may need to apply to the court for a resolution. This could involve obtaining a court order declaring the sale valid or seeking a determination of the ownership of the property.

It is important to note that the specific steps you will need to take will depend on the laws and regulations of your jurisdiction. It would be best to seek legal advice from a property lawyer who can assist you with the specific requirements and processes in your case.

The minor shareholder became major by attaining the age of 18 years and she is 27 years old now.

The problem what you anticipate now shall occur only if the minor seller raises a dispute over it  claiming her share in the property sold without her knowledge or allotting her share in the sale consideration amount.

However to claim the above said share she should have raised the claim within three years from the date of becoming major by age or from the date of knowledge about the said sale of property. 

The sale deed is not invalid because it has been executed by the guardian of the minor on behalf of the minor too, that too by  a registered deed, hence there is no legal infirmity in it. Therefore there is no need for rectification or even confirmation deed 

If it is self acquired property of father daughter signature is not required for sale of property 

father was at liberty to sell the property without daughters consent 

When minor is involved seller need to seek permission from court for execution of sale deed.

1. It's quite natural that source of fund could only from father.

2.  A minor girl of 11 years can't enter into a contract for sale of the property and her signature on the sale deed is void.

3.  As already suggested to you obtain Confirmation Deed executed by the girl in your favour and get it registered in the jurisdictional Sub Registrar's Office.

.

It is known that it was the self acquired property of the seller and the daughter was not a joint purchaser but her name was included in the sale deed only for formality purpose to satisfy the buyer,  there arises no question of any right for the daughter in the property,  hence the 0proposed court order in this regard is an unnecessary process and not necessary. 

Yes, the source of funds can be important when obtaining a court order for selling property that is in the name of a minor. The court may require proof that the funds used to purchase the property were not the minor's own funds, but rather were provided by the father or another source.

In your specific case, since the source of funds used to purchase the property is not explicitly mentioned and the property was sold without a court order, there may be a potential issue in terms of legal ownership and the validity of the second sale deed. Additionally, if the daughter's signature was obtained when she was a minor, it may not be legally binding unless certain conditions were met, such as the presence of a guardian or court approval.

It is recommended that you consult with a local lawyer who specializes in property law to get specific guidance on the legal requirements for selling property in a minor's name and the potential legal issues that may arise in your case