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Rajesh (dddfs)     25 February 2011

Registered Sale Deed in favour of Minor Son

The case explained: A sale deed is registered( Agricultutal land)  in  a minor son's name by his mother. Can the Son sell the property on his own with out the signature of his mother. He is a major now and is in pocession of the Sale Deed and the property. Mother is old and immobile. - Kinldy advise.



Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 February 2011

If the Sale deed is in the sole name of the minor son (now major) THEN after attaining majority, the major son may transact (sell / buy)  (as defined under the Contract Act),  without the consent of his mother (whether mother is old & immobile is immaterial in this material world).

 

However if the original sale deed has some adverse or restricting clauses, ONLY THEN, the now major son may need to obtain written consent (affadavit under due oath)  from his mother.

 

Keep Smiling .... Hemant Agarwal

adv. rajeev ( rajoo ) (practicing advocate)     25 February 2011

Yes he can sell the property because he is the absolute owner of the property.

Rajesh (dddfs)     01 March 2011

Dear All

Thanks you for the responses. As most of you are confirming that the now major son can sell his property. This information will be usefull.

Thanks once again.


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