1 Answer
Dear Client,
A dispute to the registration of sale deed cannot be brought only based on the fact that the seller has a minor with Down Syndrome. The fact that after the 2021 partition the property becomes the separate possession of the husband would mean that he would have the legal power to dispose of the property, and there would be no right of birth in the self-owned property by the minor child. However, if there is any dispute about the partition, or if the sale was done beyond his legal rights or if the property was under any legal restrictions or in case there were any grounds for challenge like fraud, intimidation, or lack of authority, then the sale deed can be challenged. Apart from the dispute of the sale, it should be noted that the minor has the legal right to demand maintenance from the father, and suitable orders can be passed by the court keeping in view the nature of the disease and medical requirements.
I hope this helps and if you have any further issues do not hesitate to contact us.