vishnu (s/w) 27 December 2012
Hi all,
Can you please let me know, what is the best process to safe guard the property of parents for their children? if anything happens to both the parents.
1) Can a guardian sell the minor property without court permission .If he sells what will happen to the property .
2) Is it true that minor has to claim for his property, sold my guardian without court permission within 3 years of attaining major?
I appreciate your response.
Advocate Vishnu (Advocate) 28 December 2012
A guardian can sell a minor's property only for legal necessity. Ie : for meeting the educattional expenses of the minor ..etc
However if the guardian has sold the minor's property , the sale can be set aside after the minor becomes a major.
The Period of limitation of 3 yrs applies only if the minor upon reaching majority has failed to institute a suit .
So, you may file a suit for setting aside the sale , by giving valid reasons for the said cause of action.
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