Is there any change in the rights of minors in the release deed? I have heard that it has been three years since I got the majority. But when I consulted a lawyer he said that recently there has been a Supreme Court order which says that the date of knowledge will come into force and they can claim their right at any time and not on becoming an adult. after three years. So, can you please clarify; Has there been any recent Supreme Court order on this?
—Name withheld on request
The applicable law i.e. The Limitation Act, 1963, provides for setting aside the transfer of property made by the guardian of a ward, when the ward has attained majority within three years from the date of attainment of majority.
There is a separate provision under the Act which is applicable to cases where the ward has passed away before attaining majority or within three years from the date of attainment of majority, when his legal representative has the power to annul such transfer. Appropriate proceedings can be filed.
One also needs to consider whether the transfer made was in respect of any property which was an ancestral property, to which section 109 of the Act would apply.
A Hindu governed by the Mitakshara Law may alienate his father’s ancestral property within a period of 12 years from the date on which the possession of such ancestral property takes place.
With regard to the context of a recent judgment on the subject matter, from our reading, section 60 of the Act shall prevail unless the alienation is done fraudulently, in which case section 17 of the Limitation Act shall apply.
You may also note that in case of fraud or concealment, there shall be three years from the date of such knowledge and the onus of showing the knowledge at such later date will be on the person challenging the separation/discharge.
Aradhana Bhansali is a partner of Rajni Associates.
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