• Plotted development with minor in family

I am planning to purchase a plot from a reputed land developer [Mahaveer]. This is a 120 acre residential plot project and the developer has bought the land from the land owner. The land is ancestral and has minors in the family. They havent obtained disctricy court permission to sell of minor share. The developer lawyer said it is not possible to get the permission as it is timely process and they give us Indemnified clause protecting from future issues. Is this ok
Asked 8 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

No It is highly advised that you do not purchase the property as it is encumbered one any may amount to some legal hurdles in future.

Regards

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

1) dont purchase the plot

2) for sale of minor share in land court permission is necessity

3) minor can within period of 3 years of attaining majority file suit to set aside sale

4) you dont want to get entangled in legal proceedings that take years to be disposed of

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

1. No sale of minor'e proeprty is possible without the permission of court.

2, If sale is done without taking permission of court the sale is voidable at the option of minors on attaining majority.

3. The time taking court process is no excuse.

4. So i can not advise to purchase this proeprty if there is no court permission for sale of minor's share.

Devajyoti Barman
Advocate, Kolkata
23567 Answers
533 Consultations

if it is self acquired property of grand parents they are at liberty to sell the land

2) consent of parents and grandchildren is not necessary

3) kindly clarify on what basis you say property is ancestral

Ajay Sethi
Advocate, Mumbai
98879 Answers
8043 Consultations

This is not the case, all the legal heirs upto class 4 has the claim on ancestrol property. I again advise you not to purchase the same

Anilesh Tewari
Advocate, New Delhi
18096 Answers
377 Consultations

q. is it possible as i read somewhere grandchildren have no claim on the ancestral property when parents are alive

a. three generations of lineal descendants have vested right in the ancestral property. this the unique characteristic of ancestral property. hence in your case grandchildren have right in the property. declaration of father that his children have no interest is invalid.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

q. The developer lawyer said it is not possible to get the permission as it is timely process and they give us Indemnified clause protecting from future issues. Is this ok

a. indemnity clause cannot fulfill the lacunae in the matter because how much indemnity will be recovered and liable person has such capacity or not. if he has no capacity then this clause will be failed. so i think that this opinion is not ok

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

I am planning to purchase a plot from a reputed land developer [Mahaveer]. This is a 120 acre residential plot project and the developer has bought the land from the land owner. The land is ancestral and has minors in the family. They havent obtained disctricy court permission to sell of minor share. The developer lawyer said it is not possible to get the permission as it is timely process and they give us Indemnified clause protecting from future issues. Is this ok

Selling the property involving minor's interest is absolutely illegal and invalid and not binding on the minors. If the minors sue for their share after attaining majority, the court will give a verdict in their favor only, the indemnity clause will not stand good at that time, firstly the indemnifier may not be available to answer this whether before court or otherwise.

You know that it is will create a problem in the future then why do you want to undertake the risk and want to keep sword hanging over your head till then.

You may take a legal opinion from your own advocate in the local before venturing into this investment.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

The grandchildren do not have any rights in their grandparents property even if the grandparents die intestate and the said property cannot be termed as ancestral property.

The meaning of ancestral property in legal sens is different to that of what presently many people have misconceived it.

If the grandfather is selling the property, he does not requires the signature of his own children, forget about the signature or consent of the grandchildren.

You may obtain a legal opinion form an experienced lawyer in the local and then proceed.

T Kalaiselvan
Advocate, Vellore
89081 Answers
2430 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer