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 3 years ago in Property Law from Madurai, Tamil Nadu
would you please answer to-day itself?
Asked 3 years ago
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.
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.
1.The property was purchased for his granddaughter out of his source.
2.The original transaction was not materialized because of reason unknown to me. May be due to the reason that the intended purchaser failed to arrange for purchase consideration.
3.The permission now sought from the Court is in continuation of old petition only. Since the transaction was not materialized within three months as permitted by the Court early, the Court itself directed to furnish petition for condonation of delay while hearing the petition filed by the grandfather now.
4.The Court now, while disposing the new petition requesting to sell the property to 'B', returned the petition to the petitioner i.e.grandfather stating that since permission was already granted, there is no need for fresh permission and approval of the draft sale deed and as such the petition is not maintenable. In brief, the Court only directed to file condonation petition since the property was not sold as per the permission already granted. The court itself returned the new petition which was in continuation of original petition(only) stating that since permission to sell the property had already been granted, the petition now filed is not maintenable.In the Circumstances, can 'B' purchase the property. Whether it is legally valid or not.
Asked 3 years ago
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.
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
Advocate, New Delhi
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.
B can purchase the property if court orders mention that no permission is necessary as permission to sell property has been obtained
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 .
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.
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.
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.