# Minor in Agreement to Sale: What Buyers Must Do

> A minor in an agreement to sale can void the deal later. Here's what Indian law requires, the court permission needed, and what to check before you pay.

Source: https://sudhirrao.com/insights/minor-in-agreement-to-sale-buyer  
Author: Sudhir Rao — Advocate, Supreme Court of India  
Category: Property  
Published: 2026-09-12

---

#### One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

**Note:** Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

**TL;DR:** A minor in an agreement to sale is not a defect you can wish away, but it is also not always fatal. The minor's own share cannot be validly sold unless the guardian first obtains the permission of the court under Section 8(2) of the Hindu Minority and Guardianship Act, 1956, and a sale made without that permission is voidable at the minor's instance once he or she turns eighteen. Bank approvals do not cure this. Get the permission on record before you pay the balance.

# Key Facts of the Case

- The buyers had signed an agreement to sale for a flat in a redeveloped project on the outskirts of Pune, built under a joint development agreement between the original landowning family and a developer.
- Two minor children of the landowning family held an undivided share in the property

---

_This is the AI-readable Markdown version of an article published by the Chambers of Sudhir Rao. It is general legal information, not legal advice. Canonical page: https://sudhirrao.com/insights/minor-in-agreement-to-sale-buyer_