guardianship
SAM
(Querist) 14 August 2010
This query is : Resolved
Sir,
One persion by fraud got sale deed of our property from my mother when i am minor on my behalf..Then she filed suit for cancellation of sale deed on my behalf. Then after attaing major,I did not do anything.My mother only fied case.it is more than 12 years, It is still in High court pending.
My asking is Sir,
1)Whther My mother can sell on my behalf my property when my father is alive.i.e Whther my mother can act as guardian when my father is alive.
2)When the dispute is alive ,after getting major what is the status of the sale contract.
3)When the case is filed and is pending,can I file suit for cancelling the sale deed after 20 years of the sale date.
Y V Vishweshwar Rao
(Expert) 14 August 2010
1- The Guardian for person and property are deferrent in nature -Your Father & mother with out Court permission can not sell your/Minor property -Your mother already taken steps/ disputed the sale Deed on your behalf and the suit is pending in High Court/Appeal .
2- The status of the sale Deed is in dispute - you have to elect & continue and to contest the case by filing a petition and continue the suit/Appeal Proceedings initiated by your mother - as individual Major person /plaintiff
3- Separate suit is not required - continue the same Suit/appeal filed by your mother .
4- The facts of the Case can be properly considered by your Advocate at High Court and consult him with reference to the facts of the case and proceed accordingly .
Devajyoti Barman
(Expert) 14 August 2010
1. Neither you father nor your mother either solely or jointly transfer your property without the leave of the court.
2.Transfer of minor's property without the leave of the court is voidable and liable to be set aside at the option of the minor within three years from the date of attaning majority.
3. No suit is barred by limitation.
Koumarish Bhattacharya
(Expert) 15 August 2010
You may appear in the case already pending. There is no need to file a new case.
Rajeev kulshreshtha
(Expert) 15 August 2010
I agree with Mr. Barman.In addition to it you can proceed with pending case also.
VENKATRAMAN SHRINIVAS
(Expert) 16 August 2010
I agree with Mr.Barman. A sale of property in which minor's interest is inherent, is void perse, unless it could be etablished that it is necessary for the very maintenance of the minor.. It could not be followed as to how your father had acquiesced to this deal (though impliedly). Your mother's suit is valid. As suggested by Mr.Barman you can still implead yourself in the suit as a party. Under the limitations Act a minor should have elected to rescind or repudiate the sale, within 3 year on attaining the age of majority.. However, since the suit is already in the file of the courr, it is in currency and you can still choose to implead in the same.
SAM
(Querist) 20 August 2010
Respectd Sirs,
I read all the advices.These are very usefull to me .I will immediately contact my lawyer to file a petition to add me as a party (for making the deed void) to the case filed by my mother .I thank all the member lawyers with kindness.
Faithfully
Sam
