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Raja (NA)     10 June 2015

Buying land in which a minor has share

Owner (Christian Male) of the land died intestate (no will written) leaving a (Christian) widow Spouse and a minor child behind. Widow spouse sold the land and the sale deed says it was sold for the wellfare/education of the minor? According to "Guardian and Wards Act, 1890", it seems the minor (anytime afer 18+ years old) can file a suite to claim the land since it was sold when he was minor. Is there a workaround to get a written authorization from the minor (after he/she 18+ years old) notarized or registered to prevent issues in future?



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 3 Replies

saravanan s (legal advisor)     10 June 2015

the mother though a natural guardian to the minor child cant sell the minors share without getting permission from the court.the mother got to convince the court that the minors share is being sold for the benefit and welfare of the child.if you havent got the permission of the court then the sale might be considered invalid

https://articles.economictimes.indiatimes.com/2013-11-25/news/44450041_1_sale-deeds-minor-daughters-apex-court

Raja (NA)     11 June 2015

Thanks Mr.Saravanan. What is the procedure to obtain permission from court? What can be done in case of sale that's already closed.

saravanan s (legal advisor)     11 June 2015

you have to obtain an injunction and also file a suit to declare the sale as null and void.engage a lawyer and show him the documents for further direction


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