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Mani   23 September 2024

Buying a land that was sold by minor's parents before minor became 18

We are planning to buy an agricultural land and we would like to get some advice to avoid potential litigation.

The land in question is registered by Mr. G to Mr. T, who was just 4 at that time with Mr.G's daughter as a guardian. About 3 years later, the minor's parents sold the land to Mr.G's daughter at the then market rate. 

Now Mr.T is of age 22 (we think) and he has sent notice to the land owner (Mr.G's daughter) and claims the above land was sold without his knowledge. We are actually trying to buy the same land. Our lawyer said Mr.T cannot object now, since it has been over 3 years since he became a major. But a different lawyer said that the Mr.T can sue until 15 years after became major. We are not sure whose advice is accurate. 

Furthermore, Mr.T also claims the guardianship (Mr.G's daughter) is not valid, since she is not related to him and hence the above sale is void.

I would like some clarity on this and any references to any act would be helpful.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

Selling of immovable property  on the name of minor cannot be done without the permission of court competent, however if the minor is claiming his rights immediately within three years from the date of  attaining majority by age has to file a suit for setting aside the sale deed as null and void. The limitation for this is three years after becoming major by age. If he had not completed 21 years of age at the time of filing the suit then it would be valid.

What is your keenness ?

Why are you so much eager to purchase the property which is under litigation?

Are you having time and money to challenge the case if you are impleaded as party to the case if you have bought the property?

You may better obtain a proper legal opinion from a local lawyer and proceed as suggested

 

Mani   23 September 2024

Thank you Sir, appreciate your advice!

Basically my family thinks this notice is just a way for Mr.T to get some money and they think this is a bogus case. I just want to be more cautious than them. 

Regarding keenness - it's an excellent property that is adjacent to my already existing property and it could be a good choice to build our house.

T. Kalaiselvan, Advocate (Advocate)     24 September 2024

If you are prepared for a long stretched legal battle and willing to lose hefty money in the form of an ultimate compromise with the litigant then you can proceed, please remember that you should not go for the purchase of any immovable property for its excellency or any sentimental values, it will cause you more harm instead of benefiting you 

Mani   25 September 2024

Thank you very much Sir!

T. Kalaiselvan, Advocate (Advocate)     27 September 2024

You are welcome for your appreciations. 

Jasmine Panda   28 September 2024

Sale of property by guardian during minority could only be done with a proper court approval as already mentioned in other responses. (Section 8 Hindu Minority and Guardianship Act)

 If the sale is deemed to be for the benefit of the minor, it could be invalidated or given ground for argument if it is proved that the sale was not in good faith.

Limitation period for filing a suit must be 3 years after 18. According to Section 60 of the Limitation Act, 1963, the minor can file a suit challenging the sale of the property within 3 years after turning 18. Since the person is now 22, so the limitation period has now passed. Any claim filed now shall be invalid but any claim filed before the person turned 21 is valid. 

The law of Adverse Possession is contained in the Article 65 Sch-I of the Limitation Act, 1963 which prescribes a limitation of 12 years for a suit for possession of an immovable property or any interest therein based on title. But this cannot be applied here since the possession here in the question of the minor (now major) and not the guardians. 

 Also, Under the Hindu Minority and Guardianship Act, only natural guardians (parents) or court-appointed guardians can act on behalf of a minor. If it appears that it was not the same in this case then the sale can be invalidated. 

 


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