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Yashas (NW)     15 December 2017

Property claim by minor

Hello, I am in the process of purchase of the property.

Parties relating to this query:  Previous owner, Present Owner and myself.

Here the Previous owner while selling to the present owner, in the absolute sale deed has specified that himself, his wife and their minor son (now aged around 11 year) are the absolute owners.  He also has specified that it is a self acquired property.

Now my worry is if I purchase this property, in case the minor registers a case for ownership of the property once he attains majority, will this case hold good for the Minor.

Please advise.  I am attahing the photos of the sale deed entered between the previous owner and present owner.

Thanks,

Yashas.



Learning

 4 Replies

Kumar Doab (FIN)     15 December 2017

You are right.

Minor can stake claim within 3 years from attaining majority.

Kumar Doab (FIN)     15 December 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters before signing or making payment.

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

 

Yashas (NW)     16 December 2017

Thank you sir,  please suggest if this his claim will be sustainable in the court of law as the father has signed on his behalf.

Kumar Doab (FIN)     16 December 2017

If permission from court was granted to sell minor’ share then the claim of minor on attaining majority may not be sustainable.

Rest check with LOCAL counsel as already suggested.


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