Ravi B (Owner) 13 April 2013

When minor is also a property holder

Hello Distingushied Lawyers,

My query is as below.

I am trying to buy a flat, in this case the property is registered in the name of mother and her daughter who is a minor. During their purchase of this property, mother has signed on behalf of her daughter as a natural guardian.

As they are selling this property now and daughter is still a minor, what are legal implications of this as minor is involved.

Your suggestions are appreciated.

Thanks & Regards

Ravi

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7 Replies

anupa (self) 13 April 2013

since mother have signed it and the daughter is minor there should not be a problem for mother to sell it.

Adv Archana Deshmukh (Practicing Advocate) 13 April 2013

@ Ravi B.

Buying a property in the name of the minor and selling the property standing in the name of the minor are two different things. A property in the name of the minor cannot be sold without the permission of the court. The minor can always repudiate the sale once she attains majority. The mother cannot sell the property validly without the permission of the court. .

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 April 2013

Yes. Archana suggession is right

jayakumar.R (ADVOCATE & LEGAL CONSULTANT) 13 April 2013

Archana Madam is obsolutly right

Ajit Singh Cheema (practising Advocate) 13 April 2013

It is not advisable to purchase property standing in the name of Minor ,Without permission of the court.

Ajit Singh Cheema (practising Advocate) 13 April 2013

It is not advisable to purchase property standing in the name of Minor ,Without permission of the court.

sridhar pasumarthy (ADVOCATE) 13 April 2013

Before answering your query, let me know, whether the alleged sellers are Hindus?

If so, minor's property cannot be sold without permission of the court. Else, minor can challenge it within 3 years after attaining majority but not later.