Transferring Property on Behalf of a Minor in India

The 2nd defendant had admitted that he possessed this land on behalf of his minor sons. ... Panadura, 7058  Minors-Transfer of immovable property by minor-Character of transferee's title.                  A deed of transfer of immovable property executed by a minor is voidable and not void. ... The learned District Judge seems to have thought that there was some conflict between t....

The Respondent denying her execution of the said deed pleaded she was a 17 years old minor at the time the attestation of the alleged deed of transfer was taking place. ... There was no iota of evidence to establish at least a guardian had been appointed to act on behalf of the Respondent to safeguard her interest. In the case of Gunasekera Hamine v. ... It is an admitted fact that the alleged deed of transfer No. 15....

2024 0 Supreme(Jhk) 749

or interest of any immovable property of the minor and such transfer if made is void hence, arrived at the conclusion that the transfer made by Karim Mian is void. ... Alienation of immovable property by de facto guardian- A de facto guardian [s. 361] has no power to transfer any right or interest in the immovable property of the minor. Such a transfer is not merely voidable, but void. .....

Held, further, that if the instrument be regarded as a donation it would be inoperative as there has been no acceptance on behalf of the minor or delivery of the property to him. ... As to who can accept on behalf of a minor see Fernando v. Alwis [(1935) 37 N. L. R. 201.]Where a real transaction takes the form of a gift then in order to be valid it should have the ingredients of a gift. ... Deed of transf....

The guardian us litem of the minor applied for the leave of Court to consent to judgment on behalf of the minor under section 500 of the Civil Procedure Code. ... Moreover, it cannot be said that there was any acceptance on behalf of the minor. In my opinion no beneficial interest can be said to have passed by Donatio nor by any other contractual relationship between the parties. ... It was held, in ....

The position of a contract, on behalf of a minor, by the guardian is fully considered in Breytenbach v. Frankel 4. The minor in the present case has not proved serious loss. On the contrary she received full consideration on the contract. L. A. Rajapakse, K.C. (with him C. R. ... she gave the transfer, or any other benefit. ... has no effect to transfer the dominium in such property. ... - The plain....

2025 0 Supreme(SC) 1779

…The minor, on attaining majority, can repudiate the transfer in any manner as and when occasion for it arises. ... However, the aforesaid decision also falls quite short of laying down that the suit for setting aside the voidable sale deeds is mandatory to repudiate a transaction entered into by the guardian on behalf of the minor in contravention of Section 8 of the Act. ... Both the above texts indicate that the #HL_S....

Batticaloa, 597 Donation-Gift by father to his minor child-Acceptance. Under Roman-Dutch law, a father, when he makes a donation to his minor child, can authorise some other person by " a special mandate " to accept the gift on the child's behalf. ... Whether the minor be under or above the age of puberty, the complete acceptance by the father would be sufficient; but such acceptance would be incomplete as such with....

We were referred to authorities to the effect that it is necessary for a minor to come to the Court for restitution in cases where his guardian has entered into contracts on his behalf. ... The deed itself has been produced in the present action marked P2 and on the face of it is an outright transfer for valuable consideration. ... lies on the minor to prove damage. ... nor does the dominium pass from the pupil or #H....

2025 0 Supreme(Mad) 4531

The first defendant on her behalf and on behalf of the minor children (defendants 1 and 2) had executed it in favour of the plaintiff. ... On perusal of Ex.A-1 and Ex.A-2, this Court find that though the recital of these two deeds states that the first defendant had executed the deeds on her behalf and on behalf of her minor children, she had signed on her behalf alone ....

2022 0 Supreme(Bom) 609

The minor in such a transfer is eo nomine a party to the said transfer. It must be remembered that in the eyes of the law, the transfer is by the minor as the principal through the agency of his guardian. Once a person is eo nomine a party to a transaction that is merely voidable, then he cannot be conveniently ignored such transaction. Such distinction between a person who is eo nomine a party to the contract and a person who seeks to assail the same, who was not a party to ....

2019 0 Supreme(Cal) 467

Therefore, this transfer on behalf of the minor is an unauthorized transfer and is void. Question arises whether any transfer if made by a person other than the natural guardian whether is voidable or a void transaction. In the present case the brother who transferred the property on behalf of the minor without permission of the Court is unauthorized transfer. Such an unauthorized transfer is voidable if it is done at the instance of the natural guardian but....

2004 0 Supreme(Jhk) 467

Even in cases of pure gifts it is clear that there is an obligation on the part of the donee to pay Government revenue and public taxes. In such cases, if a minor makes a promise in consideration of the transfer, or binds himself by obligations on account of the transfer, the transaction would be void and the transfer may not take effect. In the consideration of this question it is necessary however to remember that certain transactions may necessarily involve both a transfer....

1999 0 Supreme(Del) 79

Further in order to finalise the transfer action, you are once again requested to submit the succession certificate and the enclosed documents duly executed and attested on behalf of the minor. " In that event, the interest and cancellation charges etc. will be deducted from the deposits made by late Shri G. B. Krishna Rao and balance will be refunded after meeting the claims of School of Planning and Architecture to the person in whose favour the Court will issue the success....

1995 0 Supreme(AP) 296

"a distinction has thus been drawn between a completed transfer of minor s property by the guardian, on grounds of legal necessity or benefit to the minor, and an executory contract of transfer entered into by the guardian on behalf of the infant for the same purpose, and specific performance has been held not to be available in the latter case because of want of mutuality. But we are still to examine whether the facts and circumstances of this case are governed by Section 53....