Problems of buying land previously sold by minor shareholder
Querist :
Anonymous
(Querist) 23 December 2020
This query is : Resolved
I wish to buy a residential land of 1440 sqft in a municipality of West Bengal. The present owner of the land purchased it in 2012 from the family members of previous owner(as the previous owner died in 2009; Family members:three sons and wife of owner). Among the sons one was minor(15years) and the sale deed was signed by his mother ( previous owner's wife) in favour of the minor. Now the minor is 23 years old. Present owner has also got mutation from municipality. Is there be any problem to buy this land from present owner? If yes then what should I do to tackle this problem?
Guest
(Expert) 23 December 2020
If at all the Minor who is an Major Now wishes he could Legally Proceed with his claim but first the main people to be sued would be only his family who had negotiated it and so for such things the chances are less in your Case. It is always Legally Safe to buy any Minor's Property only with the Court's Permission.
kavksatyanarayana
(Expert) 23 December 2020
The previous owners (mother, two major sons, and one minor son's rep. by his mother) sold the property to the present owner. As per the Hindu Minority and Guardianship Act, 1956, it is not valid as it is included the minor's share. It requires court permission.
Isaac Gabriel
(Expert) 24 December 2020
Unless there is any dispute either by mother or anyother share holders, it could be bought since valid ducument is registered.
Dr J C Vashista
(Expert) 25 December 2020
I agree with expert advise of Mr. Kavksatyanarayanan, mother can not sell share of her minor son without permission of the Court.
Minor can challange the transaction within 3 years of his majority.
It would be advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
Rajendra K Goyal
(Expert) 26 December 2020
Agree with the expert Dr. J.C. Vashishta.
P. Venu
(Expert) 31 December 2020
Yes, the minor could have repudiated the sale within three years after his attaining majority. Admittedly, the said minor is 23 years old, i.e. five years since he has attained majority. He can longer repudiate the said transaction. As such, there is no problem at all in completing the transaction.
