My father met an accident and died in the year 24/7/1991, after that grandfather transferred ancestral property partitioned between heirs (4sons in that one is my father ) in the year 20/8/1991 in that my mother act as guardianship( No court order) and received the property
It's was sold in the year 1993 by got guardianship with some instructions from the court need to follow otherwise guardianship will be cancelled ( the instructions are make submit of
1.sale deed copy,
2.nationalised bank open account for minors (me 7years old &my elder brother 14years old ) deposit the amount and received interest six month once till majority
3.next appeal on 8/6/1993
Above list numbers nothing followed, only property was sold
Another property sold in the year 1997
One minor and another is major , in that simply methioned mother as guardianship ( No court guardianship)
1.What do to
2.Will have a chance for.me get favour judgement
3.I known limitation is barred , but can appeal in point of knowledge
4.I am the 2nd second son,
now.my age is 37 , now only I known all this
5.My residential is same place no change
6.My mother is illerate and me &my brother are educationed
A.Hi,
The sale of minors' property cannot be done without obtaining the court's permission. "As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Please contact a lawyer and brief the facts of your case. The guardian can't sell a minor's property without a court order or the sale should be for the benefit of the minor and is necessary.
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