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Can a valid sale be made by a minor
19-Jun-2023 (In Property Law)
Hi Sir, I have seen one plot in Chennai, where the property owner of the land is minor now. Their is parents are still alive and they are guardians for the minor girl and property. My question is 1. Is it Possible to buy the property 2. If possible what are procedure, please explain in detailed manner 3. if I'm purchasing after they provide all the documents. I'm going to give the money in DD. 4. Should I have to give all the money to the minor girl or I have to split the money. - Please explain me in detail
If the property is in the name of minor. Her father or mother have to file a guardian OP before District Court to appoint them as legal guardian of minor and to sell the property for the benefit of minor. Court may allow the petition with a direction to deposit the sale proceeds in fixed deposit under court custody. If they are able to prove before court that the sale proceeds will be useing for purchasing another property in the name of minor, court may allow it. Without the permission from the court you cannot purchase the property of minor from its parents.
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Adv. Santhosh
Ooty | 100+ Answers
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When you are buying the minors property you should be careful and please follow the rules and the minor can enter in to any contract and it is not valid. You have to make the sale transaction with the guardian only.
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Adv. G. Asok
Chennai | 200+ Answers
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A minor is legally not competent to enter into any contract, and has to be represented by his/her guardian. When a guardian sells a property on behalf of a minor, it has to be for meeting the necessaries of life of the minor such as food, shelter, education, medical treatment. A minor has to ratify all actions taken by his/her guardian (when he/she was a minor) within 6 months of attaining the age of majority. The risk of the minor repudiating a contract always looms.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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If the property is absolutely in the name of the minor, you have seek permission from the court to sell the property through her natural guardian and you can deposit the sale proceeds are per the instructions of the court
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Adv. Shanthi K.N
Chennai | 25+ Answers
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