Husband need to take permission/order from district court by way of filing application to sale the sahre of minor children as legal guardian.
Distribution of jointly (husband-wife) held property after death of wife with 2 minor children
I am in the process of purchasing a flat which was co-owned by hunsband and wife, now wife has expired. But they have 2 minor children. Can the husband directly sell the flat to me. Is there any mandatory certificate that he needs to obtain before registry like he is the only owner now. What should i be aware of while purchasing this property to be sure that their children may not cliam to be owners once they become major?
Asked 7 years ago in Property Law
Religion: Hindu
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13 Answers
Dear Client,
Actual contribution for purchase of flat made by husband than he is actual owner but in documents, his wife is co owner, so without court declaration, wife owns 50% ownership and her share will inherit in her husband & kids.
He has to get declaration from court of full ownership or permission from court to sell minor kids share.
Children can claim their share after become major.
After death of wife legal heirs are husband and minors,Without court permission minors property cannot be sold.
A minor can challenge the property alienation (transfer) within 3 years from the date of majority.
There is no problem in this case and you may go ahead to purchase the property as after the death of the wife the property of the wife share will go to her husband and children husband being The Guardian of the children who are minor at the moment may sign on behalf of them for the sale of the property and he don't need any approval from the court in this regard as he is doing the sale for the benefit of the minors
If it is a self acquired property children will not have share if father doesn't want to extend the same. So you don't have to worry. In case of ancestral they can claim so you need to take NOC from all the legal heirs.
Husband can sell only his 50% share
The balance 50% which belonged to the wife devolves on husband and children in equal proportions as they are legal heirs of wife
So husband has right over his own 50% plus 1/6th share from wife's 50% share
He can deal with only this much
The balance which is owned by minor children can be sold by husband only after permission of court and the money which will come to share of the kids will have to be dealt with as per directions of court
The minor children have an interest/claim in the share of their deceased mother in this flat.
Husband needs to seek permission from Court before he sells this flat to you/.
On demise of wife husband and 2 minor children are legal heirs
2) for sale of minor share court consent is required
3) ask seller to obtain letters of administration in name of legal heirs
4) then apply to society to transfer flat in their names
5) obtain court consent for sale of minor share in flat
In case of property in which rights of minors are concerned, prior permission of the court is to be taken in order to sell the property in which minor has a share.
Without that, the transfer of title can always bechallenged by the minors when they attain the age of 18 years.
Hi,
If the property is self acquired, then husband is sole owner after death of wife. You may buy this property.
Hello,
Ask the husband to get a share certificate on his name from the society.
there will be no claim on behalf of the children later since the wife would not be having any source of income and husband would have just added the name of the wife.
Get in touch with a lawyer who may otherwise provide you with the encumbrance certificate for the said flat.
Regards
1. The share of wife devolved, in the absence of will, on her husband and both children equally. Her husband and two children have a 1/3rd share each in her share.
2. Since the children are minor their share cannot be sold by father without the permission of the Guardianship Judge. He has to file a petition before the court of Guardianship Judge to seek the leave of the court to sell the property as his minor children are now co-owners.
In the jointly owned property upon the intestate death of co-owner her share of property shall automatically devolve equally on all her legal heirs, which includes her husband and children.
The husband cannot sell the share of minor children without the permission of court competent.
Therefore it is not advisable to go ahead with the purchase without court permission to the guardian to sell the share of minor children.
