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Ravi kumar Pokala (xyz)     07 January 2013

Sale on behalf of minor and organigation

 

I am planning to buy a resale flat which 7 years old. There are 20 flats are constructed in 800 sqyrds plot.

Builder bought two 400 sqyrds plots to construct.

One of the link document shows that father of minor child purchased 400 sq yards when the child is 2 years old and later sold the same when the child is 17 years old. my question is will the the father has the right to sell the plot which he bought  on minors name.

the other 400 sqyrds in the link documents shows that President and Vice president of a Mulsim organazation bought on behalf of organization and later same persons are sold it. Does it bring any legal issues.

Please advice if I can go ahead buy the flat.



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 9 Replies

Advocate Vishnu (Advocate)     07 January 2013

The father cannot sell the share belonging to the minor . Pl refrain from buying properties whose encumberances are not clear.

Ravi kumar Pokala (xyz)     07 January 2013

Dear Sir Thanks for you reply. 

I want put some more information. Father of a minor bought the land when she is 2 years old and later he sold it when she is 17 years. As he bought it on her behalf and sold it and it is not inheritedd property.

Advocate Vishnu (Advocate)     07 January 2013

A woman's property is her absolute property howosever she acquires it. In your cas,-if the father had mentioned in his sale deed that the property is being sold for legal necessity, the transaction is void and the minor can stake claim on the property on attaining majority.

Ravi kumar Pokala (xyz)     07 January 2013

Father did not say it is for legal necessity. Sale deed says, "Guardian of Minor Child"

Advocate Vishnu (Advocate)     07 January 2013

In this case, the sale deed can be easily set aside, if the minor challenges it on attaining majority.

Ravi kumar Pokala (xyz)     08 January 2013

She was 17 years in 1994 now  she should be around 37 years still she has the rights on this property?

Advocate Vishnu (Advocate)     08 January 2013

Her rights are curtailed by the law of Limitation. She cannot claim her right now.

Ravi kumar Pokala (xyz)     08 January 2013

Thanks Vishnu. on another question could you please provide your expert advice.

 

another 400 sqyrds in the link documents shows that President and Vice president of a Mulsim organazation bought on behalf of organization and later same persons are sold it(in 2003). Does it bring any legal issues.

Please advice if I can go ahead buy the flat.

Advocate Vishnu (Advocate)     08 January 2013

If they have recevived consideration on behalf of the organisation, then I see no problem in the said transaction. Pl check the sale deed to know, if the sale proceeds have been credited for the organization.


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