1) for sale of minor share in property court consent is required
2) ask seller to obtain consent of court for sale of minor share in property
I am planning to buy a resale property in Greater Noida. The property was on seller and his wife name. Unfortunately his wife got expired n her share was transferred to her minor boy. To sell the property on behalf of minor the seller needs succession certificate which he doesn't have. Now his lawyer says we can proceed further with succession deed but I doubt. Please suggest if it is safe to proceed further with succession deed or not.
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1) for sale of minor share in property court consent is required
2) ask seller to obtain consent of court for sale of minor share in property
It doesn't have to be the succession certificate? A simple court consent will do?
succession certifcate is only for movable debts and securities like bank accounts , fixed deposits , shares etc
2) for immovable property you need letters of administration in name of legal heirs as mother died intestate
3) in addition you need court permission for sale of property
1. Competent Court's permission has to be obtained for the property which has minor's share.
2. The seller has to keep the proceeds obtained from the sale of the property in a fixed deposit in a reputed Bank and has to prove that the property was sold keeping in view of the welfare of the minor child and it will be used exclusively for that reason only.
3. Seller, being the natural guardian for his son, can obtain court permission and after the seller obtains court permission, you can go ahead to buy the property and not otherwise.
Selling of property of a minor needs court permission not succession certificate. Court permissions is must otherwise sale will void in law.
NO Succession certificate,neither issued for immovable property. IS this property purchased by joint contribution of husband and wife ? If yes than after her intestate death, her share inherited in husband and child equally. Husband owns 3/4th share and child owns 1/4th.
Permission of court necessary to sell minor property. Otherwise child can challenge the sale of his share on becoming major in given limitation period.
For any minor property court permission is mandatory. father has to just submit the following
a) Death certificate
b) family member certificate and
c) an Undertaking that he is the father and natural guardian of the children and he will keep the share of the sale proceeds accruing to the children as Fixed deposit in a National bank. The court will grant permission with in 90 days if there are no claimants.
See if the mutation in property in name of person has been completed then only permission from district court is required by Guardian of minor to sale the property.
The succession certificate or the legal heirship certificate alone will not be sufficient, the seller has to obtain permission from court to sell the share of minor in the share of his wife in the property.
Without this the child may claim his share after he becomes a major by age and the dispute will arise then hence better be very cautious on that aspect.
If you canot get the legal heirship certificate let the seller give an affidavit about the family tree certificate and obtain court permission for selling the minor's share in the property.