Minor shareholder's property sold by his mother

Querist : Anonymous (Querist) 05 January 2021 This query is : Resolved
A sale deed of 1983, in which a mother signed in favour of her minor son and the land was sold without any prior permission of Court. Two other major brothers of the minor and the mother herself was other vendors of the land. Minor is now of 42 years. I was then the vendee and also present owner of the land. Now I wish to sell this residential land. But people don't agree to buy this as they think the deed is not valid and the minor can repudiate it. Is it true? I've also convinced them the minor is now major and demanded a value lower than the current market value. Please suggest me what should I do?

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Dr J C Vashista (Expert) 06 January 2021
Mother can not sell share of her minor child without prior permission of the Court.
It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

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Advocate Bhartesh goyal (Expert) 06 January 2021
It is absolutely correct that without permission of court Minor's property could not be sold legally .After attaining majority minor could raise the objection in this regard within three years but he did not raise objection and after 24 years of attaining majority he is estopped by law to raise objection in this regard and it would deemed his consent after attaining majority.If you Wish to sell land the transaction would be legal and valid.

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Querist : Anonymous (Querist) 06 January 2021
Dr. Vashista, Sir the land was acquired by all the people jointly ( the minor ,his mother and his two major brothers). It was got after the minor's father's death. So in this case I've learnt somewhere that Hindu Undivided Family law applicable and no need to take court permission to sale the land. Kindly clear this point, Sir?

Guest (Expert) 06 January 2021
Well Advised by Learned Advocate Mr.Bhartesh Giyal .--The Honorable Supreme Court had held on Feb 25-- 2019 that a sale of Minor's Property can be avoided by filing a Suit to Set Aside the Deed with in the Period of Limitation prescribed under Article 60 of the Limitation Act which is 3 years from the date of attaining Majority by the Minor. IN YOUR CASE YOU HAVE LEGALLY NOTHING TO WORRY.. (Now it is almost 37 years from the date of Transaction and almost 21 Years Over after the concerned Minor becoming an Major ) Nothing to Worry.Take Care-

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Dr J C Vashista (Expert) 07 January 2021
I endorse and appreciate the opinion and advise of expert Mr. Bartesh Goyal and Mr. NJS Raj Kumar.
There is 3 years limitation for raising an objection to the sale transaction done by mother of minor (on behalf of minor).

Dr J C Vashista (Expert) 07 January 2021
Be clear in the facts whether the property share of minor was sold or acquired ??

Querist : Anonymous (Querist) 07 January 2021
Thank you very much to all respected lawyers for your time and consideration.

krishna mohan (Expert) 25 February 2021
Well advised by experts Mr. Goyal and Mr.Rajkumar. I may add since the property is enjoyed by you over 30 years, such claims by minor may not stand before court of law. If you have transferred the property in your name including in revenue records like putta, then you can proceed with sale being the current owner of the property.

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