How to rectify if bought minor property without court permission
sujeet
(Querist) 03 November 2012
This query is : Resolved
There was BDA property which father got after his grand mother died as having will in favour of him. Later father also died as sucide case. He is survived by wife and one minor son. I purchased property from his wife by signing sale deed with wife and minor son. But I was not aware that wife has to take court permission for minor share. Sale deed is done and I have paid all money around 8 months back.
I want to understand what option I have now. I can request mother of minor son to help me in it.
ajay sethi
(Expert) 03 November 2012
The agreement entered into on behalf of the minor by the guardian without the leave of the court is very much a voidable agreement at the option of the minor.
Alienation of minor’s property by natural guardian (Mother) of the minor, without obtaining permission of court for such alienation, is void ab initio; Subhashappa P. Meti v. Maroti L. Sawarkar, AIR 2006 (NOC) 608 (Bom).
Consideration for guardianship: Welfare of the child
(i) It is well settled principle that in matter relating to the custody of the minor child the interest and welfare of the child is the paramount consideration and not the convenience or pleasure of the parents; Kumar v. Jahgirdar v. Chetana K. Ramatheertha, AIR 2001 SC 2179.
(Limitation on power of natural guardian
(i) Alienation made by the mother of the minor in contravention of section 8(2) are voidable at the option of minor and such alienation were required to set aside if minor wanted to avoid the transfers and regain the properties from the purchasers. If in plaint the prayer for setting aside the sale deeds was not there and such a prayer has been introduced after period of limitation which is three years from the date when minor attains majority, has elapsed, the claim for recovery of possession of property is not maintainable; Vishwambhar v. Laxminarayana, AIR 2001 SC 2607.
ajay sethi
(Expert) 03 November 2012
the problem is you dont consult alwyers before purchasing property . to save few thousand ruppes in legal fees you land in a bottomless pit .
the mother wont coperate with you now as she has received full considertaion . you can request her to obtain court permission and agree to bear full legal expenses .
sujeet
(Querist) 03 November 2012
Thanks a lot for your inputs.
We did consult lawyer but it was ignorence on part of lawyer whome we consulted. He thought Natural gaurdian can take such decision.
1. Now how easy it is to take court permission. ? What is the procedure (any link to refer to).
2. The lawyer has asked to get a NOC from court.
Once we get the NOC, is the sale deed still valid? Do we need to get it corrected to record NOC?
3. What are the chances of getting NOC? Is it very strict or depends on what mother has done towards her child?
sujeet
(Querist) 03 November 2012
Changing the state to Open.
Devajyoti Barman
(Expert) 03 November 2012
Purchasing the minor's property without permission of court is voidable agreement at the option of the minor when he attains majority.
However the mother of the minor can still apply for permission to sell his share from the court.
Do wait till the permission comes.
ajay sethi
(Expert) 03 November 2012
court will grant permission if it is in in interest and for welfare of the child .The permission to be obtained is prior to sale and not after the sale.
