1. It is not clear why the sale deed in favour of A was executed by the minors too. If the minors also had a share in the property then the same could not have been sold by X without the permission of the guardianship judge. To sell the property of a minor prior permission has to be obtained from the guardianship judge.

2. Conduct due diligence through a title search in the office of sub-registrar to ascertain whether the minors had a share in the property or not.

1.Since X added his wife and minor children in the deed then his wife will have to sign the deed.

2.The children having been minor they can not sign for which X or his wife needed permission of court to sell their share and sign on their behalf.

3.if they did not take permission ofcour then the sale deed is voidable at the option of the children.

4.Hence I can not advise you to purchase this proeprty unless the children have become major now and is ready to sign in your deed as witness r confirming party.

Dear Sir,

You can purchase the property subject following other conditions. Please visit the link for more details

:1. Sale Deed:

A Sale Deed is the core legal document that acts as proof of sale and transfer of ownership of the property from the seller to the buyer. A Sale Deed has to be mandatorily registered. It is important that before the Sale Deed is executed one should execute the sale agreement and should check for compliance of various terms and conditions as agreed upon between the buyer and the seller. Before executing the Sale Deed, the buyer should check whether the property has a clear title. He/she should also confirm if the property is subject to any encumbrance charges.

* A seller should settle all the statutory payments such as property tax, cess, water charges, society charges, electricity charges, maintenance charges etc., (subject to the agreement) before executing the Sale Deed.

2. Mother Deed:

Mother Deed, also known as the parent document, is an important legal document that traces the origin/antecedent ownership of the property from the start (if the property has had various owners). It is a document that helps in the further sale of the property, thereby establishing the new ownership. In case of absence of the original Mother Deed, certified copies should be obtained from the registering authorities. Mother Deed includes the change in ownership of the property, be it through sale, partition, gift or inheritance. It is very important that the Mother Deed records the references to previous ownership in a sequence and should be continuous and unbroken. In case of a missing sequence, one should refer to the records from the registering offices, revenue records or the recitals (preamble) in other documents. The sequence should be updated until the current owner.

3. Building approval plan:

A building plan is sanctioned by the BDA (Bangalore Development Authority) or BBMP (Bruhat Bengaluru Mahanagara Palike) or BMRDA (Bangalore Metropolitan Region Development Authority) or BIAPPA (Bangalore International Airport Area Planning Authority) without which the construction of the building is illegal under the Karnataka Municipal Corporations (KMC) Act. A building owner has to get an approved plan from the jurisdictional Commissioner or an officer authorized by such Commissioner. However, the authorities sanction a building approval plan based on the zonal classification, road width, floor area ratio (FAR) and plot depth. A set of documents are required to be submitted by the owner in order to obtain a building approval plan. The documents include- Title Deed, property assessment extract, property PID number, city survey sketch (from the Department of Survey and Settlement and Land Records), up-to-date tax paid receipt, earlier sanctioned plans (if any), property drawings, 2 copies of demand drafts, foundation certificate (if any) and a land use certificate issued by the competent authority (viz., Dy. Commissioner). It is mandatory that the building owner hires a registered architect who will draw a plan meeting the applicable bye laws. One can get a building approval plan within 4-5 working days if all the requirements are met, via the newly invented BBMP software- Automated Building Approval Plan.

4. Commencement Certificate (For under construction property):

A Commencement Certificate is a legal document issued by the local authorities (BDA/BBMP & alike) after the inspection of the site. This document states that project meets the give criteria and helps in the commencement of a construction on a site by the builder. Failing to acquire a Commencement Certificate will result in the construction being considered illegal, levy penalties and can even attract an eviction notice.

5. Conversion Certificate (Agricultural to Non-Agricultural land):

With a vast amount of land being agricultural in nature in Karnataka, a Conversion Certificate is mandatory to be obtained from the legal body for the property. A Conversion Certificate is issued to change the use of the land from agricultural to non-agricultural purpose from the competent revenue authority. Further, the competent revenue authority requests the Department of Town and Country Planning to issue an NOC for the conversion of land for residential purpose. There are a certain set of documents to be submitted by the owner to acquire a Conversion Certificate. The documents required to obtain a Conversion Certificate are;

3 copies of the R.T.C extracts, Village map, land sketch, certified copy of the land tribunal, zonal certificate, Title deed, no dues certificate by village accountant and Mutation Records (MR) copy.

6. Khata Certificate and Khata Extract:

Khata is derived from the word ‘account’. It is an account of a person owning a property. It typically consists of (a) Khata Certificate and (b) Khata Extract. A Khata Certificate is mandatorily required for the registration of a new property and the transfer of a property. Khata Extract is nothing but obtaining the property details from the assessment registrar. It is needed while property buying and acquiring trade license. The Khata is widely referred to as A Khata and B Khata (Revenue records extract). ‘A’ Khata has properties listed under BBMP jurisdiction with legal property construction and ‘B’ Khata has properties under local jurisdiction with violated property constructions. One should avoid buying a B Khata property as it will be deemed as an illegal construction. Nevertheless B Khata may be converted to A Khata under certain schemes by paying penalty to the Government.

http://blog.homeshikari.com/12-important-documents-check-buying-property-2-795/

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For sale of minor share court consent is necessary

2) if consent is not obtained minor can within 3 years of attaining majority challenge the sale of his share in property

1. Since in the previous sale deed, as per your narration only 'X' 's name appears as the sole Purchaser.

2. Then it might be the after thought of 'X' to have added his wife and his 2 minor children as vendors to quash the sale deed later in view of minor's rights on the property.

3. Competent Court's permission is necessary while selling the minor's share in the property.

4. Get the property papers scrutinised by a Lawyer.

Buying Minor's property is not good ploy. Better get order from the court for the sale by legal guardian then go for it

As the minors are represented by their natural guardians, this property can be brought. However, as it is in bangalore, verify thoroughly as fraud is being practised extensively in bangalore.

As the seller is now A and previous seller X has included the names of minors. The minors may be included in any agreement but for the profit only.

At this stage there is no problem in this deal.

1) If the whole family of X has signed to sale deed with A, means they transfer their all rights to A. There is no issue You can purchase this property.

Having exclusively bought the property, x could not have added his wife and children as sellers in the sale deed between him and a.

Get this sale deed rectified before you buy this property.

Yes you may go ahead and purchase the property.

Since the same is self acquired property and the seller hold the clear and marketable title there is no legal impediment in the same.

However, I would advise you to get a non encumbrance certificate from a local lawyer get the title of the property checked.

Regards

The seller cannot sell the property involving minor interest without permission of court of law.

If the minor children have share in the property being sold then it is essential to get permission from a court f law to sell the property having minor interest.

Since this is a purchase of an asset with huge investment, do not blindly buy the property based on the opinions or suggestions received from expert lawyers of this forum because nobody has scrutinised the property title documents in person and the opinion were rendered based on the information furnished by you which may be true or irrelevant.

Therefore it is advisable to obtrain a proper legal opinion from an experienced lawyer in the local before venturing into the purchase than to lament or regret over the mistakes committed now.

Hi, however it is not necessary to add their names as he is only the sole owner of the property,,their names will not cause any problem ,,you can proceed with the sale deed

consent of minor was not necessary for sale of self acquired property of X

2) it was not necessary to add his name in the sale deed

3) court permission would not be required

Seller should not have included the word minor, whether the minor has a legitimate sale in the property or not, in case he is filing a suit for partition after becoming major by age within three years, the court may allow his suit and will conduct trial of the case.

The result may be different, but the unnecessary legal hasle or disputes cannot be avoided which will cause you more anxiety, frustration and mental worries.

Think patiently and take a wise decision after consulting a lawyer in the local.

1) That is good for all next purchasers of all property. As the legal heirs of X will not claim any rights on property.

Minor's signature will be of no use. Their natural guardians signature is enough and as the minors are represented by their natural guardians, there is no cause of concern.

A made sure that in future the hairs of X could not make any claim on the property by getting sign of wife and gradian of minors.

Now A is selling the self acquired property and please check in revenue records his ownership before go ahead.

1. The sale deed registered by X in favour of A wherein he has added his wife and minor son as co-vendor is incorrect since they were in noway the joint title holder of the said property.

2. Hope in the recital of the said sale deed also, it was not mentioned that they were the co-title holder of the said property.

3. In the above case, what was mentioned in the recital of the sale deed to show that the wife and minor son of X were also the co-owner of the said property?

4. It is to be noted that minor's share of the property can not be sold without the approval of the District Judge and based on that the said sale is void at law.

5. Unless a rectification deed is registered by X and A removing the names of the wife and minor son of X, it will not be prudent on your part to buy the said property since on a later day the said son of X, after attaining adulthood, can claim his share of the said property which can not be sold with out the permission of district Judge.

1. If X was the sole owner of the said property, he can not add any body as the owner of the said property without creating and registering appropriate legal document like gift/settlement deed etc.in their favour.

2. X can not sell the share of the property of his minor son without taking permission from the local District Judge.

3. It will not be prudent on your part to buy the said property the way it is now without registering a rectification deed as advised in my earlier post.

But if the Seller X was the absolute owner of the property then why did he make his wife, and even more strange, his minor children sign the sale deed. The signature of a minor is of no consequence. Conduct a title search in the office of sub-registrar, as advised before.

1. Yes. The property can be purchased, IF the trailing sale deeds were duly Stamp duty paid and Registered.

Keep Smiling .... Hemant Agarwal

All of them have signed as joint owners?

Regards

Minor is not competent to contract. Any contract entered into by a minor is void ab initio. So if the minor has a guardian under who is competent to contract on his behalf then the said deed will be legal.