SALE OF MINOR PROPERTY BY GUARDIAN


Posted On : June 30, 2020
A property of a minor will be held by either natural guardian or guardian appointed by the court who will be entirely responsible for taking care of child and its welfare.


Any minor having a property in his name is accompanied by a Natural guardian or in case any guardian appointed by the court to take care of such minor. a sale of minor's property by guardian can be done by a guardian only with the prior permissions of the court before any such kind of sale or alienation. the minor can file a suit to set aside the deed within the period of limitation 3 years on the minor attaining the majority, as prescribed under Article 60 of the Limitation Act. In case the minor has died before attaining majority, the legal representatives of the minor should bring the suit within 3 years from the date on which the minor would have attained majority.

As per Section 8(2) of the Hindu Minority and Guardianship Act 1956, permission of the Court was necessary for the guardian to sell minor's property. Sale in violation of Section 8(2) is voidable as per Section 8(3). Therefore, the sale remains valid until set aside by the Court. A document which is voidable has to be actually set aside before taking its legal effect.

If any suit is filed by a minor on attaining the majority, seeking for cancellation of such sale deed or any other kind of alienation should be asking for declaration of such transaction as null and void along with should also seek for a declaration of title and handing over the possession of such minor, within the limitation period. The limitation period for any minor to challenge such kind of alienation is 3 years from the date of attaining majority. any suit filed after the period of 3 years of attaining majority will not be entertained by the courts.

Written By:
Sharada H v

Sharada H v

Bangalore

Recommended Free Legal Advices
question markInterest of Minor Child 4 Response(s)
Hi, The legal heirs of your deceased niece will be her children and her husband. Since the husband here is the nominee in all the Bank & LIC Policy still is legally bound to transfer or distribute the property to the legal heirs of the deceased. Therefore, the minor girl has 50% shares in the money left by her deceased mother and the father i.e. nominee will have to give the minor girl her 50% share in the money left by her deceased mother even if he remarries and has more children. If the husband agrees to keep all money for the child under a guardianship then as a guardian of the person, he is entitled to compensation for his time only upon court's approval. The compensation cannot exceed five percent of the ward's gross income. An agreement can be drawn mentioning these conditions before the court as well as you can demand a timely audit to ensure that the money is not misused. As far as the custody of the child is considered, the welfare of the child is of prime importance for the Courts therefore, if you think that her paternal grandparents will mistreat her you will have to prove the same in court through proper evidence. Custody is temporary whereas guardianship is permanent so Nani can again file for custody. It is advised that you agree upon the custody issue through mutual understanding and as far as the money is considered, draw an agreement that stipulates that money will only be used for the welfare of the child. Additional remedy and legal advice can be provided after analyzing the documents and knowing the full facts concerning the husband and his family in detail. If you find this answer helpful please rate my answer. Thank you.
question markMinor property sold in 1991 with court guardianship& 1997 6 Response(s)
It was necessary to challenge that sale either within three years from the date of execution of that Sale Deed or within three years from the date of attaining majority . In your case it is a matter of fraud so it is necessary to know when you came to know all these facts because on that basis legal opinion is required to be given.
question markLegal guardian and care taker 3 Response(s)
1. the grandmother will be natural guardian of the child, however, you can also apply to become a guardian by filing a case in the concerned court, 2. the guardian, duly appointed by the court, will be the care taker, 3. guardian have no rights except to take care the property and the minor, the properties in the name of the minor cannot be sold without the approval of the concerned court
question markGift deed cancellation 4 Response(s)
now the sons are major then it better. They can be party. there are many ways to handle it which depends between seller and you that who will bear expenses and they will do it or not. Advocate Ankur Goel (Complete Law Shield) #YourLifeYourChoice
question markGuardian ship -adopted child me as a guardian 2 Response(s)
Dear Client If there is no one apart form you to take care of the minor then you need to legally adopt the child or declare yourself as guardian of the child. Then you should be able to open account joint account in his name and yours name.