• Minors property

My friend made a agreement to purchase a property and paid token amount and also made agreement on 100rs stamp paper. Now he approaches me to sale that same property n i agreed but didnt made any agreement niether with him nor with the parties with whom he made purchase agreement.

Some infomation about property.
Property card shows that it has two Equal parts(by partition deed)
One part is own by only one person
Second part is owned by four ie mother and her three sons .(father deseased)

I have made a 50% payment to all five member acoording to their share in that property and sale deed was soppose to be executed after few weeks. 

But before the sale deed one member of the second part of the property died in an accident leaving behind wife n two minor daughters.

Now the propert card shows following name
One part is own by only one person(same as before)
Second part is owned by six ie mother, her two sons
and wife n two minor daughter of diseased third son.

I asked them two apply for permission to sale second part from court as it has minors share. But they didnt.

So i went further and made a sale deed of the first part of property own by one person few months back n had my name on the property card.

Now i m stuck for the second part and i have paid 50% of the payment two earliers four members mentioned.

And i cant use first part of property( being small in widht ie 7feet) which has my name in it because it was divided by partition deed.
Please suggest what to do.

Should i go for a sale deed with three members in second part and wait for the permission for forth part which is own by mother n her two minor daughter.
Or
Enter in registered agreement for second part
Or any other suggestion
Asked 4 years ago in Property Law
Religion: Hindu

11 answers received in 1 day.

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11 Answers

For sale of minor share in property you need court consent

2) if your purchase minor share without court consent then within 3 years of attaining majority sale can be challenged by them

3) insist on court permission or seek refund of excess amount paid by you

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. The sale of minor's property by her natural guardian is not illegal but voidable.

2. So voidable means the minors on attaining majority may challenge the deed executed without consent of court.

3. So it is always advisable to first seek the permission from court and then to purchase it.

4. if they refuses to seek such permission then you have the option to come out of this deal or to file a suit for specific performance of contract.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

A parent can sale minor property if it shows that it is for the welfare of the minor and permission of the court for same is required otherwise there is chance minor can challange such transfer when he becomes major.

So ask the family to seek district court permission for sell of that portion of minors property.

You can file a suit of specific performance for that part of land and in that the opposite party either return excess amount or with the decree of court the land is sold to make it a valid transfer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You should try to complete the transaction as you have invested money it.

2) Get the POA from mother and 2 minor daughters and on behalf of them make paper for application to apply in the court to sale property. You have to run this procedure pay money to them get deal fixed and take permission from court. Have a meeting with them in this subject.

3) Meanwhile get POA registered of all other members of part 2 partition of property and apply for court permission of minor 2 daughters.

4) This will be legally agreement paper to sell property in future.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Since the agreement is already done with father and all the consideration is paid see the intent on sale of property is clear so in my opinion sale deed for all the portion of land can be made including minors and legal guardian the mother can expressly give the consent on behalf of the minor since the agreement of sale was done with the owner at time and consideration was paid the legal heir can make the sale deed and there wont be any prejudice to minor.

or alternatively if you want to take a complete precaution than a further registered agreement extending the previous one can be made with all the legal heirs including minor(legal guardian can give consent) and then they can apply for permission once court grant such permission then sale deed can be made.

See in my opinion and usual practices and law a legal guardian has capacity to consent on behalf on minor for his welfare so even if sale deed is made and mother consent on behalf there will be no prejudice as intent to sale the property is clear agreement was made with father and it is there obligation to perform the agreement even then if you are a bit sceptical than ask them to get a court permission for the minor share and you can either make registered sale agreement for all portion or can make registered sale deed for other portion and sale agreement for minor share as you please.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

His legal heir bound by the agreement executed by their father.

Go for specific performance .

But without court permission , minor share can`t be sold.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since deceased father has already received sale consideration during his lifetime go for sale deed with other 3 members and wait for court permission for minor share in property

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

If the property is partitioned and each heir has his or her share then only you can do that else no.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

The sale of property cannot be executed without permission from court for the property which involves minor interest.

Since the sale agreement was processed even before the death of one of the shareholders, the court can be convinced in the permission petition about the the sale of minor's share of property.

You cannot get a sale deed executed by excluding a few shareholders, that will be invalid and will create a problem in future after the minors becoming major by age.

You can arrange to obtain permission from court for sale of minors' share through their mother and guardian for executing the sale deed jointly along with other shareholders or cancel the sale agreement and demand the refund of the amount so far given to them towards sale consideration.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Shal i go for sell deed with other three members on the second part of property and wait for permission for the minors.

It is not legally valid, you cannot do that.

Go for registerd sale agreement or notary agreement for sale with all the members on the second part including minors. And wait for the permission.

Minors cannot enter into sale agreement for any reason till they become major by age.

Notarised sale agreement is not enforceable in law nor it is admissible as evidence in court.

In my case diseased father already recieved money and had a agreement to sale with my friend before his death.

Even then his legal heirs have to execute sale deed on behalf of the deceased, hence there is no escape from this in law.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1) You can go with other three members sale deed and apply in court for minors permission.

2) money received is different part and agreement signed is different part.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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