A minor can always acquire a property through a natural guardian2 min read . Updated: 23 Dec 2020, 06:03 AM IST
If the sale is vitiated by any of the ingredients that can vitiate any contract then a bonafide claim may be made by the person challenging the sale
I am 29 years old and I live alone in a co-operative society. My parents are dead and my two brothers are married. The society is harassing me for big payments in the name of outgoings and maintenance without showing any proof of the same. I have filed criminal and civil cases against them and have stopped paying any outgoings, as I am waiting for the court’s order. In such circumstances, can I take a special permission from the court to rent out my flat as my source of income is zero at present as I am alone and unmarried?
With the limited information provided by you, and without knowing the details in relation to the pending litigation for which you are awaiting the court’s order and further assuming that either of your parents were the owner/s of the subject flat, we would answer that the society maintenance is payable by each member of the society and society is entitled to levy interest for delayed payments.
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However, the society needs to raise proper bills for the same and what we understand is that they have not raised proper bills but have given inflated bills and these bills are a matter of litigation.
An application may be made to the society by the owner of the flat stating that you or all your brothers (as the case maybe) is or are absolute owner (if factually correct) of the flat and the amount payable is disputed, or otherwise you may mention that there is a pending litigation filed against the society and that the payment of the outgoings would be paid depending upon the outcome of litigation.
In respect of the second query about seeking a court’s permission for renting out the subject flat, you may do so if you have an absolute ownership of the subject flat or with the consent of other co-owners and the society.
I have a question regarding the fate of a sale deed, which was registered in 1979? The name of the person with his profession (business) was mentioned in the sale deed and the property was mutated in his name in 1979 with the peaceful possession of property. This person later died in 2015. In 2020, his elder brother’s family claimed for partition of that property in a civil suit claiming that the person was minor on date of registry in 1979. The property was already sold off through a sale deed in 2016. Is this case or claim bonafide?
In relation to your query, the facts are not too clear, however, a minor can always acquire a property through the hands of natural guardian (mother and father) or through a guardian appointed by the court, in which case the sale would be valid. However, his elder brother is claiming for partition which apparently is already sold by the wife or child of the deceased original owner. In case the rights have been acquired by the child as mentioned above and there is no fraud which will vitiate the sale then the sale may be considered valid. However, if the sale is vitiated by any of the ingredients that can vitiate any contract then a bonafide claim may be made by the person challenging the sale.
Aradhana Bhansali is partner, Rajani Associates. Queries and views at email@example.com