If minor has share in property then permission from district court need to be obtained further in this regard.get a title.search from local advocate.
Minor property
Now I plan to brought Agri land 1 Acrea this property is forefathers inherits property. Now seller have two minor child’s . Seller liable 150000 loan l settle to creditor through NEFT. Each child name take 100000 deposit after reach major mature. Balance 145000 payable to land lord(seller) . He already 4 Acrea settlement deed given to her wife. He hold balance undivided land 4 Acra . Minor Age only 3 and 5 yrs , in future any problems araise possible. Please clear experts
Asked 7 years ago in Property Law
Religion: Hindu
11 Answers
1) If he is undertaking any responsibility any issue than no problem. You can make the transcations.
court permission is required to dispose the minors property. A minor property cannot be transferred without court permission.
No issues also execute indemnity bond from him in addition to sale deed.
court consent is necessary to sell minor share in property
2) minor can on attaining majority take legal proceedings to set aside sale deed and claim share in property
As he will be guardian and sign also for them, no issues. also you are depositing the amount on their name, will be more protective. if possible, write one line in the document, he is selling the property to uplift his children future
1. Minor's property CANNOT be sold by anybody, WITHOUT Courts permission.
2. Minor (when becomes major) will create legal dispute and claim the property.
Keep Smiling .... Hemant Agarwal
if this is an ancestral property, then the karta of the HUF can sell the property only if there is a legal necessity
if this is a self acquired property, then the seller has to obtain court's permission to sell the shares of the 2 minors in the land
Dear Sir,
Since it involves minor interests the guardian must seek permission of the court and it is for the court to decide whether permission can be granted and it granted on what condition.
Without court order, minor share cannot be sell. On becoming major, they can get the sale cancel.
If the seller is selling the property involving minor interest, then he may have to obtain permission from court to sell the property belonging to minor children.
Without this the sale deed may be invalid.
