Enforcement of sale deed
Arvind Singh Chauhan
(Querist) 30 July 2011
This query is : Resolved
Father sold two plots, one of his name and another is of his minor son. Sale deed was registered. Son is still minor.
Govt. Authorities are not ready to start mutation of the plot which is in the name of above minor son.
Suggest the law or citation for the enforcement of such sale deed and mutation .
Advocate Rajkumarlaxman
(Expert) 30 July 2011
is the sale proceed going to be used for benefit of the minor son. or why is he selling the plots and was the property self acquired of ancestral?
prabhakar singh
(Expert) 30 July 2011
The refusal seems due to section 8 ofHINDU MINONORITY AND GUARDIANSHIP ACT, 1956
which reads8 Powers of natural guardian
(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.
(2) The natural guardian shall not, without the previous permission of the court-
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor, or
(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section(2), is viodable at the instance of the minor or any person claiming under him.
(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor.
(5) The Guardians and Wards Act, 1890, shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular-
(a) proceedings in connection with the application shall be deemed to
be proceedings under that Act within the meaning of section 4A
thereof;
(b) the court shall observe the procedure and have the powers specified in sub-sections (2),(3) and (4) of section 31 of that Act; and
(c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.
(6) in this section, " court " means the City Civil Court or a District Court or a court empowered under section 4A of the Guardians and Wards Act, 1890, within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.
M V Gupta
(Expert) 31 July 2011
The sale must have been effected without the permission of the Court as required under Sec.8(2) of the HMG Act, 1956 cited above. However in terms of Sec. 8(3) of the Act, the sale is not void ab initio. It is voidable at the option of the minor on his attaining the age of majority. Hence the parties may discuss the issue with the revenue authorities and the mutation may be obtained subject to conditions.
