Self acquired property by a minor out of his earnings
surendrababu
(Querist) 06 July 2013
This query is : Resolved
Father of "A" was addicted to bad vices. "A" was forced to work for his family at his age of 15 years. He earned and purchased landed property in his name at the age of 17 years. Is the transaction is valid in law?
Further
He purchased the landed property at the age of 17 years in the year 1994 under an unregistered sale deed. (none have entered into contract on his behalf)
Now i.e. in the year 2007 he settled the property in favour of his sister's daughter.
I thank to all those who share with me in resolving the query.
Devajyoti Barman
(Expert) 06 July 2013
Yes from the point of view of minor as he can enforce a contract even if the same is voidable.
Raj Kumar Makkad
(Expert) 06 July 2013
Yes. A minor can earn his own property by way of purchase and such transactions are purely valid.
Anirudh
(Expert) 07 July 2013
Dear Mr. Surendrababu,
Your post leaves many facts untold.
When you say "He earned and purchased landed property in his name at the age of 17 years" -
pl. indicate when did this transaction happen?
Pl. indicate whether any registration of the sale deed in favour of the minor happened?
Pl. indicate whether anybody else entered into the contract for purchase of the landed property on behalf of the minor?
What is the reason why you are asking this question now?
Raj Kumar Makkad
(Expert) 07 July 2013
It seems that author has no concern with the replies.
Anirudh
(Expert) 08 July 2013
I increasingly notice that either my posts seeking additional information from the queries are considered
(i) irrelevant or
(ii) inconvenient.
Either way, I am not the loser.
But I have a self-satisfaction that if only relevant questions are asked, many of the non-serious querists will vanish from the scene, and the quality of queries and answers in this LCI site will improve.
ajay sethi
(Expert) 08 July 2013
answer the queries raised by anirudh
surendrababu
(Querist) 08 July 2013
Further
He purchased the landed property at the age of 17 years in the year 1994 under an unregistered sale deed. (none have entered into contract on his behalf)
Now i.e. in the year 2007 he settled the property in favour of his sister's daughter under registered settlement deed
I thank to all those who share with me in resolving the query.
Adv Archana Deshmukh
(Expert) 08 July 2013
An unregistered sale deed is void document. A sale deed should be compulsorily registered to pass a valid title to the purchaser.
Anirudh
(Expert) 08 July 2013
In the eyes of law, the said person is not the legal owner of the property. Not being a owner of the property, the question of his settling the property on any one else simply does not arise.
Adv Archana Deshmukh
(Expert) 08 July 2013
ya.... no ownership so no valid settlement possible in favor of sister's daughter..
sister's daughter's mamaji should be the legal owner of the property first...!
Sudhir Kumar, Advocate
(Expert) 09 July 2013
so the person dealt with a minor , received money without transfer of title of property. It is fraud on minor.
prabhakar singh
(Expert) 09 July 2013
A minor can not enter into a contract for want of capacity as law presumes he can not give free consent.Yet if any contract is entered into by or with him or on his behalf under which certain benefit has passed to him(minor) then such benefit can not revert back.
Hence if minor got the possession of property under an unregistered sale deed,
then he would get protection of section
53A of Transfer of property Act against his vendors.In the instant case he got possession in year 1994 under an unregistered sale deed during his minority
(he was 17 as told here).
However Settlement made by him in 2007 during his majority is not valid on two grounds according to me:
a)he had no title but only possession,no matter how old it was.
b)the deed of settlement was unregistered.
