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prakash tata   25 June 2017

Minor property sold by morher without revealing the truth to

A mother who is having a minor son sold the property to an NRI without revealing the truth. Later grand mother sent a notice to the nri about the matter where as it is officially registered. What could the NRI shall do? There is no DJ order giving permission of sale for mother who became natural guardian. Please advise.


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 5 Replies

Arjun Kohli   25 June 2017

The sale is legally void. A natural guardian, even, is not entitled to deal with the property of the minor u/s 8 of the Hindu Minority and Guardianship Act, without a prior permission of the District Judge.

In my opinion, the NRI can try to settle the matter out of court, preferably as the matter will get complicated once it enters the jurisdiction of the Court and it is tough to say whether the Court will allow any justification and a retrospective certificate or anything like that.

 

1 Like

Kumar Doab (FIN)     25 June 2017

‘Buyer Beware’………..applies to property deals.

 

One should always prefer to obtain proper legal opinion from a local senior very able counsel of unshakable repute and integrity specializing in revenue/property/civil matters.

 

It may cost some reasonable FEE but can defend long term interest and hard earned monies.

Kumar Doab (FIN)     25 June 2017

 

The permission was to be obtained before the sale and not after the sale.

The sale is also voidable agreement without permission of court at the option of minor on attaining majority.

Ideally buyer may take back full money paid to seller alongwith other expenses, and sale deed be cancelled.

The seller may still allure that she will try to get NOC from court which does seem to be possible.

The buyer should avoid allurements.

 

Kumar Doab (FIN)     25 June 2017

Rest is upto you.

Discuss with a local senior very able counsel of unshakable repute and integrity specializing in revenue/civil matters.

Kumar Doab (FIN)     25 June 2017

Same Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=151088&offset=0


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