• Can immovable property be purchased by 'B' legally

Grandfather purchased an immovable property for his granddaughter some 6 years back from his own source. He got permission to sell the property with the 'consent affidavit' filed by granddaughter's parents before the Court to sell the immovable property to "A" within 3 months from the permission and the sale proceeds should be deposited in the Court. After getting permission from the Court, 'A' declined to purchase. So,'B" came forward to purchase the said immovable property putting a condition that permission for sale of the said property to "B" be got specifically in the name of "B" from the Court. Grandfather moved the Court. Court directed the grandfather(Petitioner) to file an petition for condoning the delay in selling the said property. Grandfather(Petitioner) filed the same as directed by the Court. Then the Court returned the original petition stating that 'permission was already granted' and therefore, there is no necessary for further permission and also no need for approval of the draft sale deed in favour of the "B"(new person offered for purchase) and the petition is also not maintainable.Whether "B" can  purchase the said property now? If no, please inform the legal remedy. If yes, please, ,inform the same also with supporting legal views.
Asked 2 years ago in Property Law from Madurai, Tamil Nadu
1. The property which was initially registered by the grand father in favour of his grand daughter, was sought to be sold to A by him. The consent was given by the parents of the girl in the court. However, the purchaser A backed out after the court gave the permission. This is the factual scenario of your case.

2. It is not clear from your query as to under what circumstances the court ordered the grand father to apply for condoning the delay. The initial permission had been granted by the court only for the sale of property to A, which transaction could not materialize. Thereafter, grand father filed a fresh petition for sale to B. So the question of condoning the delay does not arise here. 

3. B is right in demanding that grand father should seek permission from the court to sell the property specifically to him. The earlier order passed by the court cannot be interpreted to mean that court had granted permission to sell the property to any one. 

4. If B goes ahead and purchases the property without court orders the sale to him can be challenged by the grand daughter when she attains majority.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Hi, when the petition was filed  for permision to sell the property and court has grantted permission so it is not necessary to seek permision to each and every purchaser so B can purchsae the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, when the court itself held that no subsequent permission is not necessary so B can purchase the property and it is valid and accordance with law.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The permission granted is in continuation of old petition. You are not every time required to seek permission of court.Therefore B can purchase the property
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1) from the facts stated by you it appears that grand father had obtained permission from court for sale of property to A 

2) after court permission was granted for sale of minor property A backed out . B insisted that he is willing to purchase property provided court permission is obtained . 

3) if court has passed written orders that its permission is not required for B to purchase property then B can purchase the property . 

4) you are requested to kindly reproduce orders passed by court  stating that  since permission to sell the property had already been granted, the petition now filed is not maintenable.
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
B can purchase the property if court orders mention that no permission is necessary as permission to sell property has been obtained
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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Read the court order carefully regarding the sale of property. The order may contain the permission to sell the property to any of the proposed purchaser .
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1. The order of the court has not been perused by us, so we cannot comment on what the court might have stated therein and what its implications are.

2. Legally speaking, if the court had given permission for sale of property to A only, the court order does not sanction sale to B. 

3. To protect his personal interest and obviate the risk of litigation ensuing at the instance of the minor daughter after she attains majority, B should require the owner to seek fresh permission from the court to sell the property to him. If the lower court does not apply the law correctly the owner may move to High Court.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1. It is not clear as to what exactly was ordered by the Court,

2. Was it ordered to sell the property to A only and that too within a certain period? 

3. If yes, then the petitioner shall have to explain why it was not sold and why did a fresh perition was not filed immediately on the expiry of the set period,

4. A vfresh petition needs to be filed duly explaining the reason why the petition is filed afresh,

5. In the fresh petition, permission to sale at a settled price should be prayed.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
If it has been mentioned in the order that the permission to sell the property has already been accorded, then the property can be sold to B.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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