Minors interest in the property
Krishnaraj
(Querist) 06 June 2013
This query is : Resolved
An immovable property was sold by XYZ on behalf of her minor sons in the year 1994 without obtaining Courts permission to one Mr. A. However in Sale deed it is specified that same is executed for domestic work and for minor’s interest. Again Mr. A sold the property to Mr. B in the year 2006. Now Mr. B want to further sell the property. Here minors age are not know. Please clarify whether minor’s interest in the property is involved or since Sale deed specifies that it is executed for domestic work and for minors interest whether property can be purchased.
V R SHROFF
(Expert) 06 June 2013
An immovable property was sold by XYZ on behalf of her minor sons in the year 1994 .
THOUGH THAT SALE WAS ILLEGAL, NO ONE especially "A" objected it even after his attaining majority [certainly, now he is ADULT at least 20 years old, ] and his ratification, confirmation can be obtained now.
Publish News Paper Ad PUBLIC NOTICE. , ASKING ANY OBJECTIONS.
Adv Archana Deshmukh
(Expert) 06 June 2013
The minors can challange the sale deed withing 3 years after attaining majority.
Krishnaraj
(Querist) 06 June 2013
Mother sold the property in the year 1994, age of the child is not known, so only 19 years have lapsed and Minor can challenge his right within 3 years after his attainment of age of majority, so 18+3, so can he still challenge the action of his mother.
Adv Archana Deshmukh
(Expert) 07 June 2013
The minor might have been 5-6 years old at that time and so the limitation might have even been expired by now. Unless we know the ages of the minors consider the least possible age i.e some months of 1 year.
V R SHROFF
(Expert) 07 June 2013
give full details [ dt of birth of minor]
Once that is the main deciding factor.
