Christian minor property
Querist :
Anonymous
(Querist) 13 March 2024
This query is : Resolved
Sir
Alienating christan minors property by father without leave of court is whether void or voidable. Because after becoming major 40 years gone. Possession is with me. The joint property was sold by my father when I was minor at 10 years.The property was gifted by my grand father in will deed as joint property with my Father. As per Guardian and wards act , guardian can sell without court permission. In which case it is voidable.but for christan, whether natural guardian can act as guardian without court permission.
kavksatyanarayana
(Expert) 13 March 2024
The Guardianship and Wards Act of 1890, which is a secular Act, determines the guardianship of Christians. The guardian appointed for the child for the property must consider the child's health, according to Section 17 of the Act. The section notes that when naming a guardian, the sex, age, faith, character, and capability of the proposed guardian, the desires of the child's parents, and if the minor child is old enough, his choice must also be taken into account.
T. Kalaiselvan, Advocate
(Expert) 13 March 2024
Your question lacks clarity.
You say that your father sold the property at one place and at another place you say that the possession is with you, hence which is true and which is false.
If your father sold the property without court permission then on becoming major by age, you should file a petition seeking cancellation of the sale deed within three years from the date of becoming major or from the date of knowledge of this sale
You say that you are 40 years old then whether why did you not make any claim immediately on becoming aware of the sale of property.
Querist :
Anonymous
(Querist) 15 March 2024
Sir, the executor of the deed himself file case to cancel the sale that he did not read the deed and that he intended for mortgage..but even at the HC it was dismissed. Now that it is pending in HC on review. May I file partition suit between myself and my sister with the impugned buyer as defendant. Any limitation issue. Hence the query.
Querist :
Anonymous
(Querist) 16 March 2024
In Hindu minority and guardian ship Act, natural guardian is there.but in Guardianship and wards Act, which applies to Christians, no guardian is mentioned. But in definition sec.4 (2) 1875) is to be deemed not to have attained his majority: (2) “guardian” mean’s a person having the care of the person of a minor or of his property, or of both is person and property:
My doubt is whether the father without applying for guardianship can sell minor property.If so sold without applying for court permission for being minor,the sale is void or voidable as section 30 of Guardians and wards act says Viodability of transfers made in contravention of section 28 or section 29.—A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby. So section 28 and 29 is applicable only in the case when a guardian is appointed not before that
Therefore, my question is without applying for being a guardian a father can sell minor property and such sale if made is void or voidable.
