Selling the property to the minor
Prashanth Kumar K
(Querist) 03 April 2012
This query is : Resolved
Dear Sir/s,
In 1959 one Mr."A' has sold the property to the Minors through the Registered Sale Deed. But minor has not represented by the Guardians, Minor themself has signed the Sale Deed.
Is this Sale Deed is Valid?
V R SHROFF
(Expert) 03 April 2012
It is binding to all except the minor.
Sale Deed is valid against all parties, again except the minor, who enjoy all rights, without any responsibility.
Even his guardian cannot sell or transfer this property without a Court Order, which is very lengthy procedure, and difficult too.
Avoid Purchasing Property on Minor's name, even as Joint holder. It create lots of problem, Bank do not grant any Loan, cannot sell when you need, and it create lots of unnecessary delay.
ajay sethi
(Expert) 03 April 2012
52 years have passed since the sale . what were you doing all these years ? why wake up from your slumber now?
the sale was made to a minor it is void under the ruling of the Privy Council in the case of Mohori Bibee v. Dharmodas Ghose 30 C. 539; 7 C.W.N. 541; 5 Bom. L.R. 421.
Pollock on Contracts (12th Edn. by Professor Winfield) at pp. 46 and 47 :
"An infant is not absolutely incapable of binding himself, but is generally speaking incapable of absolutely binding himself by contract. His acts and contracts are voidable at his option, subject to certain statutory and other exceptions. Where the obligation is incident to an interest (or at all events to a beneficial interest) in property it cannot be avoided while that interest is retained. An infant's express contract may be valid if it appears to the Court to be beneficial to the infant."
ajay sethi
(Expert) 03 April 2012
Madras High Court
Navakoti Narayana Chetty And Anr. vs Loyalinga Chetty on 16 November, 1909
Equivalent citations: 4 Ind Cas 383
Author: Benson
Bench: R Benson, K Iyer
JUDGMENT
Benson, J.
1. The question for decision in this second appeal is whether the sale evidenced by Exhibit-A is void.
2. The District Judge has held that as the sale was made to a minor (the 1st defendant) it is void under the ruling of the Privy Council in the case of Mohori Bibee v. Dharmodas Ghose 30 C. 539; 7 C.W.N. 541; 5 Bom. L.R. 421.
3. I think that the decision of the District Judge is right. A sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised (section 54 Transfer of Property Act) and it is, in my opinion, impossible to conceive of a price being settled except as the result of an agreement between the parties. In other words a sale necessarily involves the idea of a contract as its foundation, and the Privy Council has held that a contract by a minor is not merely voidable at the option of a minor but is void.
4. The second appeal, therefore, fails and is dismissed with costs.
Adv.R.P.Chugh
(Expert) 03 April 2012
Minor can be a transferee under a contract of sale of immoveable property. the concept of nullity and voidness of a minor's contract was framed to protect minor's from being exploited by others or their own immaturity or indiscretion. This logic fails if the contract is in favour of minor, and the court's readily enforce such contracts - where minor has done whatever he could.
Raj Kumar Makkad
(Expert) 04 April 2012
The sale is absolute and legal. After passage of 52 years of such sale, this question otherwise has no relevance. Everyone is aware that the rates of the properties have gone in sky and people are searching minor to minor mistakes being done in past in the hope that they may re-possess those properties which have already been sold to some other persons decades ago.
