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Mani   23 September 2024

Buying a land that was sold by minor's parents before minor became 18

We are planning to buy an agricultural land and we would like to get some advice to avoid potential litigation.

The land in question is registered by Mr. G to Mr. T, who was just 4 at that time with Mr.G's daughter as a guardian. About 3 years later, the minor's parents sold the land to Mr.G's daughter at the then market rate. 

Now Mr.T is of age 22 (we think) and he has sent notice to the land owner (Mr.G's daughter) and claims the above land was sold without his knowledge. We are actually trying to buy the same land. Our lawyer said Mr.T cannot object now, since it has been over 3 years since he became a major. But a different lawyer said that the Mr.T can sue until 15 years after became major. We are not sure whose advice is accurate. 

Furthermore, Mr.T also claims the guardianship (Mr.G's daughter) is not valid, since she is not related to him and hence the above sale is void.

I would like some clarity on this and any references to any act would be helpful.



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 September 2024

Selling of immovable property  on the name of minor cannot be done without the permission of court competent, however if the minor is claiming his rights immediately within three years from the date of  attaining majority by age has to file a suit for setting aside the sale deed as null and void. The limitation for this is three years after becoming major by age. If he had not completed 21 years of age at the time of filing the suit then it would be valid.

What is your keenness ?

Why are you so much eager to purchase the property which is under litigation?

Are you having time and money to challenge the case if you are impleaded as party to the case if you have bought the property?

You may better obtain a proper legal opinion from a local lawyer and proceed as suggested

 

Mani   23 September 2024

Thank you Sir, appreciate your advice!

Basically my family thinks this notice is just a way for Mr.T to get some money and they think this is a bogus case. I just want to be more cautious than them. 

Regarding keenness - it's an excellent property that is adjacent to my already existing property and it could be a good choice to build our house.

T. Kalaiselvan, Advocate (Advocate)     24 September 2024

If you are prepared for a long stretched legal battle and willing to lose hefty money in the form of an ultimate compromise with the litigant then you can proceed, please remember that you should not go for the purchase of any immovable property for its excellency or any sentimental values, it will cause you more harm instead of benefiting you 

Mani   25 September 2024

Thank you very much Sir!


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