Filing of a Case by a Minor After Attaining Majority
Querist :
Anonymous
(Querist) 19 May 2011
This query is : Resolved
A mother has registered a property to Mr. X on behalf of self & minor as MNG(father died)in 1994. When a minor can file a case on Mr. X and whether any time limitation is there? kindly reply..
M/s. Y-not legal services
(Expert) 19 May 2011
If anything wrong with that earlier sale on the minor share mean, the minor have to file releveo suit with in 3 years from the date of majority.. If he or she do it mean he or she can recover his rights. Otherwise law will not be help in this issue..
Guest
(Expert) 20 May 2011
For a civil suit, the limitation period is 3 years in this case.
PALNITKAR V.V.
(Expert) 20 May 2011
limited grounds are available to the minor if the land is sold by the mother for legal necessity. Any way Mr. Tom is right in saying that limitation is 3 years.
Parveen Kr. Aggarwal
(Expert) 20 May 2011
Section 6 of the Limitation Act, 1963:
"6. Legal disability. (1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified there for in the third column of the Schedule.
(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified.
(3) Where the disability continues up to the death of that person,his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
Explanation.-For the purposes of this section, 'minor' includes a child in the womb."
Guest
(Expert) 21 May 2011
Dear Parveen,
of course very good detail provided for the guidance of the author of the question. But probably you forgot to mention the limitation period as prescribed in the 3rd column of the schedule, as mentioned in Sec. 6(1).
