1)you would need court orders to set aside transfer of land by cousin in favour of grand daughters
2) registrar cannot cancel regd transfer made in name of minor
3)for transfer of property by guardian of minor in your favour you need court consent
Can the improper land registration on minor be cancelled/ revoke
My uncle purchased 1.6 acres of land from his cousin Mr.Manmadha Rao in 1983. There was a sale deed on bond paper. However, registration was not done. Subsequently, in 2010, the seller Mr.Manmadha Rao has registered the land on the name of his minor grand daughter unilaterally without any information to us. Very recently we came to know about this. When asked about his fraudlent activity infront of elderly people, he agreed to transfer our property on our name. But as the property is registered on minor name, she cannot do a valid contract. Please guide us whether we can ask the sub-registrar to cancel that registration and make a fresh registration on our name. Alternatively, can guardian of minor transfer the property on our name.
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
Under which circumstances court will give consent for transfer of property through minor. Subsequently, Can the registrar, register the property on our name on the basis of the sale deed.
Asked 8 years ago
1) sale proceeds should be deposited in fixed deposit for benefit of minor
2) court gives consent only if transfer is for benefit of minor
3) your father should move court to set aside transfer on grounds that property had already been sold to him in1983 and he is in possession of said property
4) however since sale deed is not registered it would be inadmissible in evidence
The registrar has no right to cancel the deed.
Only the competent court can do this.
Since the person concerned is ready to do this file a suit for declaration of the deed in favour of the minor as null and void .
Mr Manmadha if does not contest then it will go in your favour.
Thereafter get the deed registered in your name.
This is the best option.
1. Your uncle had and still has no title to the property as the sale deed was not executed. It can at the most be treated as an agreement to sell. If an agreement to sell was written then your uncle can file a suit for declaration of the sale deed by the seller in favour of his granddaughter as illegal and also seek specific performance of the agreement to sell by the seller.
2. The sub-registrar has no authority of law to cancel the sale deed. It can be done only by the civil court.
3. For the sale deed to be executed in your uncle's favour the seller has to go to the office of sub-registrar to execute the sale deed.
Though this is a fraudulent or cheating act on the buyer by the vendor by transferring the property by a registered document in favor of minor, the said transaction by the vendor is legally valid and canot be said as an illegal act.
Now the only option is that the guardian of the minor title holder has to file a petition seeking permission of court competent to sell this property to the buyer by executing a registered sale deed.
The guardian cannot transfer the property on yor name nor the registrar can cancel the sale deed/transfer
Under which circumstances court will give consent for transfer of property through minor. Subsequently, Can the registrar, register the property on our name on the basis of the sale deed.
The court has to be approached by the guardian of the minor seeking its permission to transfer the property to a third party by a sale deed on behalf of the minor for the reasons which the guardian relies upon.
It is the discretion of the court to permit or not to do so.
If the court permits the guardian to execute a sale deed in favor of the buyer then the registrar cannot stop the guardian from selling the property to buyer by executing a registered sale deed.