• How to get court permission to sell minor property

I am going to buy a land in Chennai.The landlord died in 2017.He had 2 wife's.First wife has 2 daughters and both married.Second wife has 1 daughter and she is minor(Age:13).The legal heir certificate has names of first wife,first wife's 2 daughters,Second wife's daughter(Minor) and landlord's mother.How to get court permission to sell the minor property.Do I have to deposit minor's share on bank account while applying.
Asked 2 years ago in Property Law
Religion: Hindu

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14 Answers

The minor has to be represented by her mother and guardian in executing the sale deed in the recital of which all the relevant facts and circumstances have to be clearly stated. In the absence of any court order requiring the deposit of the minor's share in a bank account, it is not necessary to do so.

Swaminathan Neelakantan
Advocate, Coimbatore
775 Answers
10 Consultations

4.9 on 5.0

1) seller has to apply to court seeking permission to sell minor share in property

2) court would grant permission subject to placement of minor share of sale proceeds in a fixed deposit in her name

Ajay Sethi
Advocate, Mumbai
79737 Answers
4810 Consultations

5.0 on 5.0

The mother of the daughter that is the second wife has to file a application before the District Judge seeking permission to sale the property of the minor as legal guardian. The application has to be made under the Guardian and wards act read along with the Hindu Minority and Guardian ship act seeking such necessary permission.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

1. The mother of minor as her natural guardian has to file a petition under Guardians and Wards Act in the court of Guardianship Judge to seek the permission of the court to sell the share of her minor daughter.

2. The court will safeguard the share of minor in the sale proceeds by ordering the same to be secured through a FD in her favour.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

The second wife has to move an application before the concerned DJ seeking permission for sale of minor's share in this property, as her legal guardian.

The Court will grant the permission subject to the condition that the sale proceeds of her share are deposited as FD.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

Sale of minors' property cannot be done without obtaining court's permission, the Supreme Court has held.

Under Hindu Minority and Guardianship Act, sale of such property cannot be done without prior permission of the court.

You do not have to deposit the share of the minor's bank account, until and unless it is ordered by the court.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

file a guardianship petition and seek permission of court to sell minor's property

the sale proceeds accruing to minor will need to be deposited as directed by the Court in above petition

Yusuf Rampurawala
Advocate, Mumbai
5806 Answers
36 Consultations

5.0 on 5.0

Dear,

Supreme court give decision in such type of case that without the prior

permission of court you can't sell the share of minor and it should be used

for welfare, education of that minor only.

So file application in court and take permission.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You have to file a original petition before the appropriate court for the permission of selling the suit property if the selling is for the benefit of minor child.

Sathish Kumar V
Advocate, Kanchipuram
3 Answers

Not rated

Hi, you have to obtain permission from court by filing an application under guardian and wards act

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

The minors property cannot be sold without the permission from court. Even if sold it, the minor has the right to challenge it on her attaining majority.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

PETITION FOR PERMISSION TO SELL MINOR'S PROPERTY UNDER THE GUARDIANS AND WARDS ACT .

Citation

Minor Mahema

vs

E.K.Lingamoorthy

(on 8 October, 2014)

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

Hello,

The guardian of the minor will have to take permission before selling the land.

Within two years from the date of attaining majority the minor can claim her share.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

It is not the responsibility or duty of the buyer to obtain permission from court to sell the property involving the mionr interest

The guardian of the minor child has to file a petition before court seeking permission of the court to sell the property of minor what an affidavit for the reasons and supporting documents.

You cannot deposit the minor's share of sale consideration amount in the bank directly, the guardian of the minor child will receive it on behalf of the minor child.

T Kalaiselvan
Advocate, Vellore
69776 Answers
953 Consultations

5.0 on 5.0

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