Legal Question in Real Estate Law in India
A minor has executed a power of attorney to sell his property (agricultural land) which is duly registered in the office of the sub registrar, Dehradun Uttrakhand. The attorney sold the said property by executing sale deed. The minor on attaining majority sworn an affidavit and also executed a rectification deed, whereby he had accepted and confirmed the execution of the sale deed and receipt of sale consideration.
Whether the sale deed is still defective?
2 Answers from Attorneys
After attaining majority, if the minor has ratified / confirmed the sale, then the sale is not defective. .
A minor is NOT competent to execute GPA as he is not legally competent to execute any contract. The land could not be sold by the attorney but ONLY by his legal guardian and that too after seeking court's permission. Therefore, the legal position may not improve by post-sale ratification though the receipt issued by him post-majority may help you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
