SALE OF MINOR PROPERTY BY GUARDIAN

Alok Aanand

SALE OF MINOR PROPERTY BY GUARDIAN

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 alienations.  

The minor can file a suit to set aside the deed within the period of limitation 3yaers 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 alienations 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 alienations 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.