Ravikanth 24 October 2016

Cancellation of sale deed- minors property

I purchased 5 acres(3.5acres in the name of minor & 1.5acres in the name of major) of land in 2001 in karnataka. My family lives in Andhra pradesh. In the sale deed, minors mother has written and signed that sale is for taking care of her family and for upbringing of their children. Along side, major brother also signed in the sale deed. we were enjoying the land from many years. Now, without my knowledge, the minor who is 28 now, has went to court in 2011 and got 3.5 acres of land in his name in 2014 by bypassing the courts notice from reaching us. Still, the remaingin 1.5acres of land is in my name. Literally, nothing is known about the proceedings of what happened the otherside since we are away from the land. when we went to see pahani/adangal, it was in minors name. We went to a lawyer and seeked his help in 2014 itself, from thenon, file is not even opened for discussion. What should i do? Please suggest me how to proceed with this issue.

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5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 24 October 2016

Sir,

How come the property is showing the minor's name when you had purchased the property qua a registered document. Was the mutation properly done at that time.

Warm Regards

Kapil Chandna Advocate

9899011450

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 October 2016

Minor gets ownership on the property after become major through court order.

Ravikanth 24 October 2016

Thank you

@kapil chandna, the property should have come to minors fathers name, but he was demised in 1996, and they got it in minors name before we purchased it.(directly from grandfather to minor) And the mutation also happend in 2001. From then , it was in my name.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 26 October 2016

What objection you should have? In 2001 3.5 acres was purchased on the title of the minor and once he became major, he got it in his name as absolute owner. So long as your 1.5 acres is with you, you should have no qualms.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 28 October 2016

To sell the minor's property even for the benefit of the minor, Court's permission is required. I attach the S.C. judgment which puts your doubts at rest. As the sale deed would be got cancelled, you can recover your money.

Attached File : 366798 20161028153532 241545826 minor s rights.pdf downloaded: 197 times