• Minor Rights

A muslim lady 60 yr old self acquired ( got allotted on payment to Mysore urban development authority ) site , gifts it to one of his son. ( out of 5 choldren) Later unfotunately, son dies and got  transfered to his wife . She has 4 minor chlidren( one son three daughters). But the original owner and this widow sold property together with the reason including minor's interest also in the sale deed. Was it necessary to get permission from court before selling. Or is it possible to get approval from the court for being sold with out permission now ? Please help.  The property is in karnataka. Seller is A MUSLIM AND BUYER IS A HINDU. This is just for information.
Asked 3 months ago in Property Law from Mysore, Karnataka
Religion: Hindu
1) once gift deed is executed by mother in favour of son then son would be absolute owner of property

2) on son demise widow could not have sold the minor share in property without the court consent 

3) A transferee of such an alienation does not acquire any interest in the property. Such an invalid transaction is not required to be set aside by filing a suit or judicial proceeding. The minor, on attaining majority, can repudiate the transfer in any manner as and when occasion for it arises. After attaining majority if he/she transfers his/her interest in the property in a lawful manner asserting his/her title to the same that is sufficient to show that the minor has repudiated the transfer made by the defacto guardian

4) best option is to cancel the sale deed 

5) mother should obtain permission from court then sell the property 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
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Hi, 
Yes it was necessary to seek permission from the court before selling the minor's property.
Now no permission can be obtained after the sale to rectify it.
If any future dispute arises in the nature of claim from the minor children of the lady when they become major, the matter has to be defended in the court at that time.
By merely including a clause in the sale agreement that the sale was for the interest of the minors will not suffice the mandatory legal requirement of obtaining court permission.
A minor can claim rights once he/she turns major 
Article 44 of the Limitation Act provides a period of three years for suit by a ward who has attained majority to set aside a transfer of property by his guardian, from the date when the ward attains majority. 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1) deed of cancellation can be executed duly stamped and registered by the parties 

2) widow will have to file application in court and obtain court permission for sale of property to you 

3) court may direct proceeds for minor share in property be deposited in a fixed deposit in nationalised bank 

4)time period local lawyer can guide you 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
No permission is required to sell the share of the minor Muslim. The share of a minor can be sold by the guardian in following scenarios (a) the guardian-father gets double its value. (b)If the sale is deemed necessary for the maintenance of the minor, (c)If the expenses incurred on the property exceed the income generated from the property, (d)Where the property is decaying, (e)If there is a fear of its usurpation.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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