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naveen (partner)     09 March 2012

Minor property sale

my grand mother and grand father died after making will. we were four brothers who got all the properties.

we had an agreement to sell a property in 2005 of my grand mother. but afterwards it got into litigation filled by the purchaser. the problem is that two of brother died in 2001& 2004. one was married with one son r widow  and other was not married. the mater is in court now. then we sold agricultural land in 2005 because we needed money. then in 2005 we have gone through a family settlement we gave house registered in the name child and widow bhabhi  and cash to our bhabhi for settlement of total property including the one which is in court. know everything is done to protect the minor welfare and intrest but not in front of court. in 2011 we talk to purchaser of property for settlement of court case he agreed to double the amount. we have registred release deed of minor and bhabhi. the property got tansfered in favaour of remaning two brother in nagar nigam. the purchase says he is not getting loan from bank for the said property because of the minor rights.  my question is that everything is done to safegaurd minors intrest but not in front of district judge court. know if minor files a suit in court what will happen? whole sale is null and void? or the part of minor? and what are chance of minor winning after filling the suit ( everything is done to protect minor intrest we have proof)?



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 March 2012

The relinquishment was entered into by the Bhabhi (Natural Guardian of the Minor) on behalf of minor, is voidable, insofar as it concerns the share of minor, and can be avoided by the minor. It would be voidable in part, for permission of court is to be taken for such transactions - the fact that welfare of child was observed won't make it a 100 % valid transaction. However there is one thing that can seal the transaction for you is to say - that JHF continued even post brother's death, and the eldest brother in the capacity of karta made these arrangements in the interests of the family i.e legal necessity/benefit of estate. This is a far fetched argument - but is the best bet - considering Karta has such powers - unlike limitations on the power of the natural guardian. 


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