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M. Kannan (Consultant)     08 December 2009

Right age for getting the property registered in person name

What is the right age for getting the property registered in his or her name? If 20 years male wishes to purchase the property in his name, is it possible?



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 9 Replies

D.V.RamaKrishna (Advocate)     08 December 2009

Kannan,

Any person who is major and competent to enter into a contract as stated in Indian Contract Act, and Transfer of Property Act is eligible and competent to get a property registered in his own name.

Amarita Kaur (Legal Associate)     08 December 2009

Mr. Rama Krishna is correct i agree with him

the correct age for registering a property is 20 yrs

Anish goyal (Advocate)     08 December 2009

I don't agree with above advise. Even a minor can hold property. The age is not bar to purchase a property but it does 4 sale of property

Bhartiya No. 1 (Nationalist)     08 December 2009

A person 'A' has only a son of 18 year old 'B'. Now can he("A") sell his ancestral property (got in family partition) alone without the signature of his son 'B'. Or till what age a person is minor.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 December 2009

A person of 18 years is major.

I agree with Mr.Anish that a even a mionr can enter into contract through his gaurdian and it must not be prejudicial to the interest of minor.

If "B" has share in the ancestral property, then the sale by "A" is invalid as far as the share of "B" is concerned.

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Anish goyal (Advocate)     09 December 2009

Ramesh sir i want to clarify my point to further. If property is to be transferred in minors name i think it can be done also without any guardian as section 7 of TPA only talks about a transferee's qualification. But if there is a agreement to sell ( which is off course different from a sale deed in context of TPA) then that is void if it is with minor.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     09 December 2009

Yes Anish, you are right.

The differnce is, in case of unilateral document like settlement/gift, where the presence of minor is not required, property can be transfered. Even in such circumstances, settlement/gift must be accepted by some one on behalf of minor. In case of bilateral transaction, like sale or any other agreement in favour of minor, minor can be represented by his gaurdian. Where ever contractual obligations are there, minor is to be represented by his gaurdian.

 

In short any contract, beneficial to minor can be made even in the absence of minor, on behalf of minor. If anything is to be taken out from minor, then you need to be cautious, if necessary has to seek permission from the court.

1 Like

Anish goyal (Advocate)     09 December 2009

Thanks Ramesh sir. new entrant like us will surely be always well guided by seniors in this forum. Thanks again sir

M. Kannan (Consultant)     12 December 2009

Thanks to Mr. Ramesh and Mr. Anish for the immediate response.


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