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Mashfiqur Rahman (Customer Application Analyst)     17 July 2012

Dispute over a sale of Minor's property by natural father

 

Dear All,

 

I would like to get your expert opinion on a dispute over a property, the facts are :

 

1. The property was sold twice, once by her father when she was a minor in 1944 and again by the Girl when she was a major in 1949

2. Her father sold her complete property on 1944 to another party on the ground of bearing her living cost. She was a minor at that point.

3. He did not gather any permission from court.

4. In deed the father mentioned, “After becoming a major, If the girl wishes to sell her property, the the father will have to give the same amount of land from his own property to the buyer”

5. We bought the property from the girl on 1949. She was no longer a minor at that poeriod.

6. We are on hold of the property since 1949.

 

My questions are,

1. Who will be the legal owner of the property and on what grounds under Muslim Law?

2. What are the effects of the father puting the condition on the deed when he was selling the minor's property.

 

Looking forward for your expert opinions. 

 

Regards



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 July 2012

Dear Querist,

 

Understand a few things :-

1. As per Islamic Shariat Law - Father is the natural/legal guardian and has the power to sell away even immoveable property of the minor, in cases of minor's necessity and expenses incurred in the upbringing of the child.

 

2. The sale in this case is a contingent one, by which it becomes capable of enforcment at the option of initial buyer only when the girl gives her concurrence, in case she has not hence the sale deed is not enforceable and the subsequent sale in 1949 is the one that operates ?

 

Another question which of the two deeds is registered ?

 

Consult a local advocate with relevant papers.

 

Good Luck !

1 Like

Mashfiqur Rahman (Customer Application Analyst)     17 July 2012

Dear Mr. Bharat,

 

Thank you very much for your reply. Based on your observation and querstions, please find my reply below:

 

1. Both of the deeds are registered.

2. I did not clearly understand your 2nd question. Are you asking if the 2nd deed (1949) is currently in affect or are you giving your opinion that the 2nd deed should be active?

On this point I would also like to add that, in the 1st deed (1944) the girl did not give her approval or permission. Which is reinforced by the addition of the clause by the father in the 1st deed (1944) ; 4th point of my initial query.

She sold us the property in 1949 at which time she was a major.

Best Regards. 


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