land donated at age of minority

gd choudhary (Querist) 01 March 2010 This query is : Resolved
a land was donated to a society at the age of 14 in south delhi.isnt it under contact act void ab initio and is invalid and can be validated only by a new contract

Follow Query

Report Abuse

Parveen Kr. Aggarwal (Expert) 01 March 2010
Yes. The donation is void ab initio. A minor cannot alienate his land. However, on attaining the age of majority he may alienate the land in any manner inlcuding donations.

A V Vishal (Expert) 01 March 2010
The donor is the person who gives. Any person who is sui juris can make a gift of his property. A minor, being incompetent to contract is incompetent to transfer, and a gift by the minor would therefore be void trustees cannot make a gift out of trust property unless authorized by the terms of the contract.

G. ARAVINTHAN (Expert) 02 March 2010
Gift is void.

G. ARAVINTHAN (Expert) 02 March 2010
Better to file a suit for declaration to declare the gift is null and void

Guest (Expert) 02 March 2010
The gift is void ab initio.

Raj Kumar Makkad (Expert) 02 March 2010
It is important to know before giving concrete opinion the year when such property was gifted. If the same was gifted prior to 1956 then it is purely valid and chapter ends and even if the same was gifted after 1956 then subsequent question arises when such minor got majority and he has right to challenge such gift only within 3 years of attaining such majority otherwise such gift has attained finality and no subsequent litigation can be made by him.

Kumar Thadhani (Expert) 03 March 2010
Yes mr Vishal & MR MAKKAD opinion are correct.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries