Kumar (Others) 24 June 2012
B > GPA Holder
B > Minor @ the time of GPA without any Gaurdian mentioned
GPA excuted @ the age of 7 yrs on 1993.
Property sold on 2006 from (B) to (C) @ the age of 19 after major.
Tax for the property paid upto date by all the owner.
Now I am planing to purchase this property from C,
Please let me know if the above property can be purchased and has no legal Issue.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 June 2012
Dear Querist,
Please understand a GPA is basically a document by which one is made agent of the other. An agent as per Indian Contract Act is not required to be major. And a minor can be an agent as well as a buyer in a contract of sale of property. (i.e he can be a transferee not a transferor) hence the GPA in his case stands valid. He sold the property further after he turned major. Hence the title seems clean to me and you can safely buy this property.
Please note any conclusive opinion is subject to perusal of documents, and in order to protect your investment you are advised to consult a local lawyer.
Feel free to talk !
N.K.Assumi (Advocate) 24 June 2012
Yes, agreed with Adv Bharat, that there is no prohibition in appointment of minor as an agent (donee) under Indian Contract act read with power of Attorney Act.
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