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
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
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
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
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.
Just a follow up query - If grandparent is selling the land, parents [alive] sign the sale deed too saying the minors have no claim [where minors are grandchildren] is it possible as i read somewhere grandchildren have no claim on the ancestral property when parents are alive
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
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
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.
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
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.
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.