• Want to sell property to clear my debts since its undivided

1 shivakumar
2 radhika


The 1St petitioner agreed that towards the interest, welfare and future benefit of his minor daughter he has agreed to Gift undivided half
portion of the residential property situated 2nd Cross, Ashoknagar, Banashakari 1st Stage, Bangalore measuring East to West 27 feet and North to South 35 feet. Measuring 945 sq ft.
Gift Deed registered No.6071/2017-18, dated 08.12.20:17 before the Chamarajapete Sub-Registrar, Bangalore in the name of their minor daughter Aarna S Kumar.

The 1st petitioner has agreed that in the interest and welfare of his minor daughter, he shall have right to deal with the property to be gifted by him to his daughter till she attains majority.

The 1st petitioner agreed and admit to take care of all other financial needs of his minor daughter Aarna S Kumar .for her benefit and welfare in future. The petitioner No.2 also agreed that she may also render her
--contributions towards taking care of her minor daughter's financial neecrs n.future.

My question is 

I got mutually divorced adding a condition from my ex wife that, to gift half the property undivided to my daughter(7yrs old)and myself to a guardian to it in 2017. Now i want to sell the property and fixed deposit the half amount obtained. I am not able to take any loan in securing my daughter since its undivided...
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

You would need court permission to sell the property and place money in fixed deposit 

 

2) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

Court can grant you permission to sell the property 

Ajay Sethi
Advocate, Mumbai
99890 Answers
8153 Consultations

Since property has been gifted, ownership is parted with her. Even if you sold the property, she can get it canceled on becoming major. or x wife can file the suit on behalf of her to get the sale cancelled.

Clear sale is possible by order of court.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Since you have gifted only 1/2 undivided right, title and interest in the schedule property to your daughter, the other 1/2 portion continues to be in your name. Which gives you the right to mortgage, sell or convey this 1/2 portion in favour of any third party, if you want to sell the entire property and since it involves minor interest as well, you will need to obtain prior permission from the competent civil court.

Get the Katha done for her 1/2 share and for the remaining 1/2 share the katha will continue in your name, sell your 1/2 share and deposit 1/2 of the sale proceeds in your daughter name in a fixed deposit account till she attains majority.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

Since a minor has half share in the property you can sell this property on her behalf as well but the sale would be voidable at her option and that is why you are not getting enough buyers.

2. So the solution is to apply to the court to get permission to sell share if minor's property and once the permission is given you can mortgage the property to secure loan. 

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

You can do that and if your daughter is minor then you will need permission of court under guardian ans wards Act

Prashant Nayak
Advocate, Mumbai
34599 Answers
249 Consultations

Dear Sir,

You must approach a Civil Court and get permission to sell the property as you are natural guardian and court will allow you to sell the same on some conditions as you proposed and also put some other reasonable conditions.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Once you have transferred your share of property to your minor daughter by a registered gift deed, you cannot either revoke the same or sell the property for any reason. 

You may have to obtain permission from court of law by filing a case seeking permission of court to sell the share of minor in the property for the substantial and strong reason that should convince the court to grant you permission, because it involves minor interest.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

Since your wife is an advocate she may object to your petition seeking permission to sell the share of proeprty belonging to the minor child.

Her objection will be considered by court and your petition may be dismissed hence you may discuss with her and then move accordingly.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2503 Consultations

See you have to seek permission from district court to sale the property,  

Alternatively you can apply for maintenance from wife for kid under 125 crpc and ask her to share her expenses. 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See wife is earning and she is liable to share expenses of the kid. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In order to sell the property in the name of minor you will have to take appropriate order from the court of law. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

A minor's property cannot be sold without court permission.
Alternatively, if both the parents are alive, then both parents can sign the sale deed as Guardian and parents of the minor child and execute the sale deed in favour of the buyer.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

Dear

As per clause (a) of subsection (2) of Section 8 No immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court," a bench of S J Mukhopadhyaya and V Gopala Gowda(Supreme Court)  said

Which means The natural guardian has the power to do all necessary and reasonable act for the benefit of minor's estate. However, with out the prior permission of the Court, a natural guardian cannot mortgage, charge, transfer by any means any part of the immovable property of the minor.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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