Sir i bought a property from mr thangavelu ,aged 85 , he expired and legal heirs are 1.srikumar aged 54 2.siva-aged 40 3.latha (female )-aged 42 4.sathis (expired)-40 on the above mr sathis expired due to some accident , his wife priya aged 39and her minor daughter sasikala aged about 9 years . can i register the sale deed without the court permission since there is a minor interest in this property, if the court permission in not needed , We need need any ruling or any judgement in this case , we are going for a bank loan .
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) You have stated that you bought property from deceased MR T . If sale deed is not registered then sale deed has to be executed by the legal heirs . Admittedly one of legal heirs is wife and minor daughter of Mr sathis
2) for sale of minor share in property court permission would be necessary
3)insist that legal heirs obtain court consent before sale of property
4) court would grant permission subject to condition that sale proceeds of minor share be placed in fixed deposit
1) Its better to take court permission for sale deed on behalf of minor and her mother will be guardian.
2) If minor mother gives undertaking in writtng permission for sale then its ok.
The minor interest is there the mother needs to apply before the District judge for permission to sale the minors property. The law itself is clear on the issue that the court permission shall be required under Hindu Minority and Guardianship Act, sale of such property cannot be done without prior permission of the court.
The sellers cannot sell the property without obtaining permission from court of law for the sale of property involving minor interest.
You may ask them to obtain permission from court before the guardian of the minor signs the registered sale deed on behalf of minor.
Dear client,
Since you already bought the land, it's binding on legal heirs but here minor claim exits so her gaudian has no authority to execute sale on her behalf without court order.
You better seek court declaration of ownership instead of court permission to sell minor share. Or it will be your ground that since you already paid the sum, hence, minor never inherited.
Keep the matter upto evasion of stamp duty and not sale of minor share.
1. You can not register the sale of the share of the minors property without the leave of the local District Judge who is considered as the trustee of all the properties of the minors falling in his jurisdiction.
2. An application shall have to be filed before him giving the details of the prospective sale and also how the shares of the said minor is proposed to be used for her welfare.
3., On getting the order from the District Judge, the said sale deed can be registered.
His wife Priya can undertake on behalf of her minor child and execute the deal. any issues later he attains major, he can sue his mother not you.
You have not stated whether the the mother and the wife of the deceased are alive as on date. If so, they also should be included as legal heirs. The minor can very well be represented by her mother in execution of the sale deed. In the recital of the sale deed, the fact that the sale is being made by the mother and guardian on behalf of her minor daughter only for meeting the necessaries of her daughter's life should be mentioned without fail.
Dear Sir,
It is not ancestral property as it seems it is not coming from four generations. The minor child is represented by her natural mother as such you need not take permission. Minor is not having any type of interest in such property and it can not be recognized as minor's property. you can purchase by taking signatures of all the major persons of the family.
