Hi, I am planning to buy a property in Bangalore. I need some advise on this: Person A and Person B (son of Person A) bought a property. they both appear as owners in sale deed. person B died without leaving any will. he is survived by his wife and 2 minor children. After the demise of son, if I am buying the property, I am mentioning the Person A, his wife, Person B's wife in the sale deed. I have not included their minor children's name in the sale agreement or sale deed. I would like to know if this will cause any issues in the future. whether the children have any rights to challenge the ownership of the property. If I still need to proceed with this purchase, do I need to take any document or papers from them so that I dont face any issues in future
please note that being a legal hair does not mean any age requirement a child become legal hair of the property as soon as he comes in the womb of his/her mother.
She will have the right on the all the ancestral properties and in case grandfather and father both expired she will have legal right on all the properties along with her mother and other siblings mother being the caretaker of her
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 can not mortgage, sell or transfer by any means any part of the immovable property of the minor.
1. Yes the minor children after being major can challenge for minor children share there mother need to obtain permission from the district court and then sign on there behalf in the sale deed.
If sale deed already signed then a confirmation deed is required.
thank you for your response. in this case, the property is not registered in the name of minor. it was registered in the name of Father and Son. Son has expired. if Son's wife signs the papers, my only worry is if the minor children once they are major, should not come back claiming rights for this property which was acquired by their Father and Grand Father
Minors can claim there share sir, for minor children to sale there share in property (as on demise of there father they have share in property) permission from the district court. is required and there mother needs to sign the sale deed.
Children have equal right with mother and grand mother and on becoming major, they can claim their share.
Yes the minor children can raise claim later. You need to get the order of the court for disposing the property of minor
On B demise his wife and children have equal share in property
2) need court consent for sale of minor share in property
3) minor can on attaining majority file suit to set aside sale deed
Minor has equal share in property on demise of father
Dear Sir,
Your doubt is correct. The deceased was having 50 share as he was joint owner with his father. After his death his wife and minor child inherits jointly as such the mother must sign on herself and also on behalf of her minor child as natural guardian. Even then there must be a mention that property was sold for the benefit of minor and account must be given and even strictly speaking court permission is necessary to sell the minor’s property. Please see the following rule of law.
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Section 8 of Hindu Succession Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
thank you. If I need to get court permission to buy this property. May i request you to advise the procedure and tentative time it may take to obtain the permission
Mother is legal guardian, she have to file for court permission and court will not give permission so easliy and will take time, at least 6 months.
See mother has to file an application before district court seeking permission to sale property for children welfare as there guardian.
engage a local lawyer
2) seller has to take legal proceedings obtain court permission for sale of mine or share in property
3) court would direct minor share be deposited in fixed deposit in bank
The Guardian needs to file a petition under guardian and wards Act for the same and take permission
Dear Sir,
It will take hardly 6-12 months and the procedure is very simple. Nothing to worry.
You cannot buy the property having minor interest or minors having share in the property without the permission of court competent.
Any such purchase can be challenged by the minor children after they becoming major by age.
It will become a problem for you in the future.
The minor children have equal rights in the share of their deceased father in the property.
Their mother cannot sell the share of minor children without court permission.
The minor children can claim their legitimate share after they become major by age.
The buyer cannot approach court for permission but the seller only has to seek court permission to sell the share of minor property.
It may take at least six months to one year.
Dear Client
The Minor Children of Person B have equal rights in the property of their father because they are legal heirs along with mother and wife of person B.
So wife of person B have to obtain the permission of court to sell their share from property of B.
