Respected Sir/Madam
There is a flat which I'm going to buy..but it was minor property co purchased by his father, later on that property was gifted by his father to a family member without the consent of the minor(who was major at that time), now what is the right of the minor(major at present) in such case..
Both father and son are now ready to co operate in selling the property which he had gifted to other family member
As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court.
Under sub-section (3) of Section 8, disposal of such an immovable property by a natural guardian, in contravention of subsection (1) or subsection (2) of Section 8, is voidable at the instance of the minor or any person claiming under him.
Thus, the person who gifted the minor's property without his/her consent, had no legal right to do so and the gift is thus voidable a the instance of the minor. Since, in your case, the minor also wants to sell you the property, he can declare the gift invalid.
