Property was sold by A to B on behalf of the minor without court order
5 months ago
Property was sold by A to B on behalf of the minor without court order in 2003(minor aged 12,15 and 17 as on 2003). B sold the property to C in 2021. Now C built flats and is selling to people. Is it safe to buy flat as the minor property was sold without court order. And can the minor who is a major now file a law suit against the property. If yes what are the consequences I might face
A.Dear Client,
Section 8(2) of the Hindu Minority and Guardianship Act, 1956 specifies that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or any other means without the Court's prior consent. Further, Section 8(3) specifies that if any natural guardian sells any immovable property in violation of paragraph (2) of Section 8, the transaction is voidable at the minor's discretion. However, the aforementioned minor can only contest such a sale during the limitation period, which begins when they reach the age of majority and after attaining majority, wishes to set aside the sale deed as such property belonged to the minor. In that case, such a suit must be filed within the limitation period prescribed under Article 60 of the Limitation Act, i.e, 3 years after attaining majority. Being the minors aged 12,15 and 17 as of 2003 when the property was sold without the court's permission, they reached the age of majority in 2004, 2006 and 2009, and a limitation period of 3 years expires on 2007, 2009, and 2012. Accordingly, their right to claim the said property is now barred by limitation.
Section 8(2) of the Hindu Minority and Guardianship Act, 1956 specifies that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or any other means without the Court's prior consent. Further, Section 8(3) specifies that if any natural guardian sells any immovable property in violation of paragraph (2) of Section 8, the transaction is voidable at the minor's discretion. However, the aforementioned minor can only contest such a sale during the limitation period, which begins when they reach the age of majority and after attaining majority, wishes to set aside the sale deed as such property belonged to the minor. In that case, such a suit must be filed within the limitation period prescribed under Article 60 of the Limitation Act, i.e, 3 years after attaining majority. Being the minors aged 12,15 and 17 as of 2003 when the property was sold without the court's permission, they reached the age of majority in 2004, 2006 and 2009, and a limitation period of 3 years expires on 2007, 2009, and 2012. Accordingly, their right to claim the said property is now barred by limitation.
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