So, there’s this judgment from the Supreme Court in Neelam Gupta and Ors. v. Rajendra Kumar Gupta (2024, Civil Appeal Nos. 3159-3160 of 2019) that answers some important legal questions including the difference between permissive and adverse possession, as well as whether a minor can own immovable property. This case helps clear up some common misunderstandings about property law and whether minors have the legal right to be involved in property transactions As I went through the judgment, it became clear that the apex court highlighted some important parts of the Transfer of Property Act, 1882, and the Indian Contract Act, 1872, which are key to understanding this issue Section 6(h) of the Transfer of Property Act, 1882: This section says you cannot transfer property to someone who is legally disqualified from receiving it as a transferee. But interestingly, it does not mention that a minor is disqualified from being a transferee. This means minors can receive immovable proper...
New days, New ways... A platform featuring Courtroom drama, Opinions, and Commentary!