Minor property
saroja
(Querist) 28 September 2012
This query is : Resolved
Dear experts,
Mother being a natural guardian executed sale deed on behalf minor son without court permission, how to cure this defect ?
Regards,
Saroja
Rajeev Kumar
(Expert) 28 September 2012
If the sale deed is executed in the welfare of minor's interest then the deed is valid otherwise not. Mother can state the full details and circumstances underwhich she had executed the deed without the prior permission of court.
R.K Nanda
(Expert) 28 September 2012
file petition in court to take permission of court so that said SD becomes valid.
V R SHROFF
(Expert) 28 September 2012
Mother cannot sell minor property w/o court order. The Sale deed is voidable. It does not confer any right to purchaser too.
If mother do not represent court properly/ or intentionally, the Purchaser looses his money// It is blocked for long period, without any right over property.
prabhakar singh
(Expert) 29 September 2012
The guardian in hindu cases can not sale without permission of the court.No permission
can be granted for a sale already made as it would amount to breach of law acting beyond jurisdiction.Court is conferred upon with jurisdiction to grant permission to sale and not for rectifying the defect arisen in sale without permission.Hence in my opinion no cure possible.Now only minor can cure the defect attaining majority by not choosing to sue for cancellation and rectifying the sale as valid one.
Raj Kumar Makkad
(Expert) 30 September 2012
The defect cannot be cured so sale deed is required to be go cancelled with mutual consent. It shall be better to apply for the permission after cancellation of the sale-deed.
