The Kerala High Court has ruled that a father cannot deny his son’s ownership of a property purchased in the son’s name while he was a minor. This decision upholds the principle that when a property is purchased in a minor’s name, the minor becomes the rightful owner, regardless of who paid for it.
The trial court decreed in favour of the son, prompting the father’s appeal.
Justice C. Pratheep Kumar dismissed the father’s appeal against the decree of the Sub Court, Ottapalam, holding that the father could not now disown the property vested in his son by arguing that the “minor Basheer” named in the deeds was someone else or a fictitious child. The Court underscored that “the plaint schedule property stands in the name of the son of the defendant by name Basheer nobody else came forward with any claim of title.”
Essential points to consider :-
Ownership Rights: When a property is purchased in a minor’s name, the minor becomes the owner, and the father cannot claim ownership or deny the son’s rights to the property.
Benami Transaction Act: The Benami Transaction Prohibition Act, 1988, does not apply in cases where a property is purchased by a parent in the name of their child, as this is considered an exception.
Guardian’s Role: A natural guardian, such as a parent, can manage the property on behalf of the minor, but cannot sell or transfer the property without court permission.
Court Permission: If a guardian wants to sell a minor’s property, they must obtain permission from the court, which will evaluate the necessity and benefits of the transaction to ensure it is in the minor’s best interest.
Kerala High Court at Ernakulam delivered a decisive ruling upholding the ownership rights of a son over property purchased in his name while he was a minor. Father Can’t Deny Son’s Ownership of Property Purchased in His Name as Minor.
