for sale of minor share court permission was necessary 

2) minors on attaining majority can file suit to set aside sale deed and claim their share in property 

3) deed of confirmation can be executed by minors on attaining majority 

ask  the seller to contact minors who have attained majority to execute deed of confirmation 

2) it should be duly stamped and registered 

1. Selling of Minor's property, requires Court permission, without which the Transaction shall remain illegal, since the Minor (when turns major) can simply claim the property.

2. Apprehensively "IF" the minor children would have turned Major in 2019. Hence execute a Sale Deed with the existing owner, wherein in the Sale Deed, the major children should also sign as the "confirming party", consequent to which the children will not be able to claim anything in future and the title of the property would be clean, at the hands of the new buyer.

3.  An Indemnity Bond, also should be taken from the existing owner and the major children, to indemnify you against any futuristic legal disputes and losses.

Keep Smiling .... Hemant Agarwal

1) If the mother has the title owner than she has all rights.

2) Still you feel fear in your mind that children will ask their share in the property, than you can add indemnity point in your sale deed that children share responsibilities on current seller and on their mother.

It can be sold by the legal guardian for the benefit of the minor. You need to take permission of court under guardians and wards Act to sell the same else minor can challenge it later once he is a major

1) Instead of making affidavit try to make triparate sale deed and get registered it all you problem will solve.

2) If you want I can draft for you triparate sale deed and that you can get registered with your area sub registrar.

1) only major child can execute deed of confirmation 

2) 

According to Section 10 of the Indian Contract Act, 1972 all agreements are not contracts. Only those agreements are contracts that are made by parties who are competent to enter into a contract. Further, the word ‘competent’ has been described in Section 11 of Indian Contract Act; it is inclusive of 3 essentials-The person should be of the age of majority; that is to say, 18 years

3) dont purchase the property 

See the minors are major now so they have to give a confirmation deed for said transaction as time of sale in 2008 the widow was required to obtain permission from the district court for sale of minors share.

See there can be two things now if the minors are major then they will make a confirmation deed in favour of present seller and then you purchase it,

The one who is major shall give an confirmation deed and for other minor permission from court can be obtained now and the mother can confirm same.

the one child who is a major now, can become a confirming party in the sale deed between the current owner and you

for the other child, a guardianship petition has to be filed by the previous owner or by the current owner (acting as POA holder of previous owner) 

in this guardianship petition, the permission of the court will need to be taken to ratify the sale between the previous owner (widow) and your seller

essentially the current owner's title is defective

if the widow and her 2 kids were the only legal heirs, then the widow at the time of sale could only sell her 1/3rd share and for selling the balance 2/3rd share, she was required to obtain court permission by filing a guardianship petition 

so the title of the current owner is valid to the extent of the 1/3rd share of the widow and also to the extent of 1/3rd share of her child who is now a major and who is willing to cooperate in the sale transaction between current owner and yourself

as to the balance 1/3rd share of the second minor child, either a court permission has to be obtained as above or he should not object when he turns major or in case he objects, the objection has to come after expiry of 3 years of his attaining majority in which event the objection will not be considered being barred by limitation 

Dear Client,

Sale is void ab initio, without court order, minor share cannot be sold. Child who become major can consent, sale of his share but 15 years child, no solution. If will approach court, than court will declare previous sale void.

And child on becoming major can challenge the sale in three years. Risk will consists for more 3 years till second kid will become major and if he denied his consent, Child share will resume to him.

The property involving minor interest cannot be sold without obtaining court permission to sell the property belonging to minor.

Therefore the property purchased by the vendor itself is invalid, he should have obtained court's permission through his vendor to sell the proeprty.

You may ask your vendor to provide the same or to get a ratification from the minor children if they have become major by now or advise him to obtain court's permission

Better keep away from buying this proeprty until the issue is rectified legally.

You will not be able to get them rectified at a later stage, especially the bank will not grant loan if there is a discrepancy in the title.

An affidavit on behalf of the minor child is not valid in law. The court's permission is the only solution to this, they can approach court and seek ratification of the sale of minor property owing to the circumstances that forced them to sell the property involving minor interest.