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rakesh (a)     16 October 2018

Purchase of agriculture land from a father & minor son.

SIr,

I am intending to purchase a Agriculture land (Extent 1 Acre )  from a Seller.  I have significant amount and entered into an Agreement of Sale .   The agriculture land is registered on the name of the A,  B ( b is wife of A )  & their Minor Son (Minor Son is represented by the Father (A)  in their registration papers). The sellers (A & B)  are both educated salaried working class people, purchased the property 4 years back through a investor.  

 share of A- 13 Guntas

share of B - 14 Guntas

Minor Son share- 13 Guntas

Total extent = 40 Guntas, ie 1 Acre. 

Now the Minor son is becoming major in the month of November 2018. 

I have few questions on this.

Q1-  Can the sellers (A & B ) sell the property held by them and thier minor son to me before the minor son becoming major?

Q-2- If the minor son becomes major next month, can he directly participate in registration along with A & B (his parents) 

Q-3- Is there any procedure to be followed, I mean any release deed/ transfer deed to be executed  between the  father (A) & his minor son, once the son becomes Major to give full rights of the property to his son. Or is there any other procedure to confer the rights to the minor son attaining major.

Q-4- What all documents need to be produced before the Sub registrar at the time of registration to prove that the Minor has become major, (once the minor become major...... 

Pls help in this regard, by answering the Questions as per the Question Number, 

Thank You Sir.

 

 

 



Learning

 2 Replies

Dr J C Vashista (Advocate)     17 October 2018

Show the land documents to a local prudent lawyer for better appreciation of facts, guidance and proceedings.

Land owned by a minor can be sold "only" with the permission of District Judge, for a benefical purpose of minor.

G.L.N. Prasad (Retired employee.)     17 October 2018

"Q1-  Can the sellers (A & B ) sell the property held by them and thier minor son to me before the minor son becoming major? Q-2- If the minor son becomes major next month, can he directly participate in registration along with A & B (his parents)  Q-3- Is there any procedure to be followed, I mean any release deed/ transfer deed to be executed  between the  father (A) & his minor son, once the son becomes Major to give full rights of the property to his son. Or is there any other procedure to confer the rights to the minor son attaining major. Q-4- What all documents need to be produced before the Sub registrar at the time of registration to prove that the Minor has become major, (once the minor become major....."
 

If the minor attains majority at the time of registration, his aadhar with birth certificate is enough if he joins in registration process.and as suggested by our expert get sale deed executed with facts that though the agreement was made during his minority, the action of his parents was ratified by him by joining in registration after completion of minority.  Get self attested copies of AADHAR and birth certificcate with clear writing on the same issued to Sri................purchaser of share of property at..............................as evidence of completing minority.  Signed.......


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