Siraj udeen 03 September 2024

Property registration in minor’s name

I have to deal with a peculiar case and would like some help.

Over 20 years ago, my client was owed money by his friend. His friend did not have cash to repay but instead had plots both in his and his wives name and suggested that will give those plot in lieu of the lent amount.

Since my client was abroad, he requested the same friend (seller) to arrange sale deed in the name of his minor son who was at time in India. The seller himself found one of his acquaintance with the same name of my client and requested him to act and sign as 'father' on behalf of minor. Sale deed was promptly executed in the name of minor though the guardian present at the time was not his true father. The seller promptly handed over the newly registered documents but withheld all other parent documents of the property.

The property values rose considerably. Recently after 20 years, my client was shocked to discover that while both him and his son were abroad, the original seller along with several others colluded with the person 'who acted as father' during original registration and made an 'settlement deed' in the name of his apparent son (who was impersonated with and unknown person with different forged identity) using the parent documents and declaring the latest documents as stolen. Once these plots were settled based on settlement deed (son to father) subsequent sale transaction was also carried out. To a large extent the criminal act of impersonation is proved at this stage but my question is this;

will the sale deed in favor of minor be valid though someone signed as his father? The owner is now major. Any case laws relating to this?
can the original sale deed executed in favour of minor declared void just because true father was not present at the time of registration?
can the last buyer claim that he depended on the signature of impersonated father at the time of original purchase and therefore trusted the impersonated 'settlement deed' and bought the property despite intervening criminal act., forged identities.

Are there and citation of similar cases? Thanks and pls ask me in you need more info. Thanks.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 04 September 2024

The sale deed was on the name of the minor son only except that the guardian to the minor child is not correct, but there is no independent confirmation about it, besides it is the fault and illegal act of the original father of the minor child to authorise a third person to act as the guardian of the minor child on behalf of him knowing it very well that it is an illegal act, hence if you go by the legallity then even the father of the minor child can be held for illegal act.

2. The father iof the minor child is not the purchaser but just a guardian, here the impersonated father was authorised to act by the original father. hence it will not affect the legality of the document but it may cause harm to the person who abetted the offence and the person who committed this offence.

3. Any further opinion can be rendered only perusing the settlement document or the subsequent sale deed.

Siraj udeen 04 September 2024

Thank you very much. Very helpful reply. In this case, the original father was abroad and the seller was the one who organized impersonated father for his convenience and to conclude the deal.

Thanks for taking time to read and reply.