1) you need court permission to sell minor share in property
2) they can on attaining majority challenge sale deed
3) you are at risk
4) court can grant permission for sale of minor share provided their share is placed in fixed deposit
Builder Property issue - Legal Heir Minor Rights
Hi, I am planning to purchase a property(residential site) from a developer. The developer has inherited the property from his father say, Mr.X that was an agricultural land. He has 2 siblings. Lets name them as Mr.A, Mr. B, Mr. C. Mr. A - Developer Mr. B - Property allocated to his son say Mr.D. Mr. C - Dead. Property allocated to his wife say Ms.E. Have 2 minor children. Mr. A, Mr. D and Ms. E have agreed upon and represented Mr. A as the developer. The agricultural land is converted as 'Non Agricultural' and have set the residential plots, commercial plots and the layout design is approved by the urban development authority. They have agreed and got the number of plots divided among themselves. There is an agreement for the same. Mr.A has got additional plots for he is taking responsibility of developing the layout and its sale. Questions: 1) Will there be any legal issues that might come from the children that Ms.E has once they become major? 2) Considering the property is inherited from their grandfather, will Ms. E's children object the way property was divided among Mr. A, Mr. D and Ms. E? 3) If I purchase a plot and have legal sales documents related to the sale of plot to me(signed by Mr. A, Mr. D, Ms. E), will I still face risk of Ms.E's children drag me to court considering point 1 and 2? 4) I heard that there is a certificate that needs to be provided by court after having fixed deposits maintained in the name of minor children in order to proceed ahead with the sale. Is that correct? Please advice.
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
You are correct. Court permission needs to be taken to be on safer side. All other methods may be rejected.
In the above context, please clarify. 1). Please provide me a document that explains this law(order from court to sell minor's property) or the name of the rule/law so that I can share the same with the developer. If not atleast from where can I get more information regarding this? 2). What is the process of getting permission from court in this case is called as? Any particular name for the certificate/order? 3). Who will decide the share that minority is eligible for? Is there a law/rule related to it? Please provide it. 4). If I purchase the property and resell it to another person then, will there be risk on that person as well after he purchases the property from me? 5). If the resale happens 2 to 3 times. Even the risk prevails with the latest owner?
Asked 6 years ago
Yes they can cause legal trouble once they become major to avoid this issue Ms. E need permission from court to sell share of minor children.
They may drag you to court and to avoid this situation ask Ms. E to provide you permission from court to sell share of minor.
It depends on the discretion of court that FD is needed or not for permission.
As minors are involved permission of court is mandatory under guardian and wards Act. You will only have issues if said permission is not taken and the share of minors are decided.
1. See for children they need to seek permission from district court to sale there share and E shall sign on there behalf after permission as legal guardian.
2 they can once they are major and can seek there share and property can go in litigation.
3. Yes if no permission is taken.
4. Yes the permission is required so that minor share is not misused.
1.
"As per clause (a) of subsection (2) of Section 8 of Hindu minority and Guardian ship act 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. As per the facts provided i assume the developer and family.is hindu.
2. See an application in above section has to be field before district.court by Ms. E seeking permission.
3. Court shakl decide same as per Hindu succession act.
4. The buyer can claim refund from and can sue you also can file case of beech of.trust as title of property is not clear.
5. Yes there is risk to last buyer.
1) even if property is sold and resold risk remains
2) succession is governed by provisions of hindu succession act
3) on C death his wife E and minor children have equal share in his one third property
C's share in the land in his demise would devolve on his legal heirs ie E and their minor children equally
Thus minor children of C and E have an undivided share in the land
As the land is subdivided among the 3 legal heir branches, that could NOT have been done and agreed by E in absence of court permission.
For dealing with minor property, his guardian or next friend has to take prior court permission by filing a guardianship petition
So the subdivision and any sale thereafter of the plots allotted to C's branch can be challenged in future by the minors on attaining majority and that challenge can follow in the hands of the person who is ultimately sold plots in that divided share
Not possible to provide any template for the above petition. For that you have to approach a competent lawyer. You cannot expect so many things on merely paying a pittance of Rs 500 for this query. Suffice to say that there is a legal procedure to be followed as above when dealing with minors share in a property.
Fyi the minors will have to challenge the subdivision and subsequent sales within 3 years of their attaining majority. If any challenge is laid after this limitation period, then subject to outcome in a s.5 limitation application for condonation of delay, such a claim will be considered as time barred and will not be entertained by court
Also when they turn major they can also ratify the subdivision and sales in which event there won't be any problem
Land have 1/3rd share each and C`s 1/3rd share inherited by E and minors. So, which ever flat you will buy should not from C`s portion but from either of A or D and this should be specifically high lighted in agreement to sell and sale deed.
Minor share cannot be sell without court orders.
Ask them to execute partition deed (registered) or oral partition ( video graphed) of portion in land. Since mother is legal guardian of minor, partition by mother on behalf of minors shall be valid. And avoid purchase from that portion.
1. Without obtaining the permission of court, the property involving minor interest cannot be sold even by the guardian of the minor children, the children after becoming major may claim their share in the property and may approach court for cancellation of sale deed also.
2. The minor children are the legal heirs of their deceased father who was one of the legal heirs to his deceased father, hence his share shall devolve equally among his own legal heirs, which includes his minor children also. The minor children may claim their share in the property after they become major by age, at a later stage.
3. Yes, you may, because who knows which is the share of the minor children in the property.
4. First of all court permission is to be obtained for sale of property involving minor children
1. You can go through the Hindu succession act where it clearly states the procedure involving inheritance of legal heirs and the transfer of property act for selling the property involving minor interests.
2. They have to file a petition before court with an affidavit seeking court permission to sell minor share of proeprty with reasons.
3. Who will decide", the law will decide.
4. yes.
5. Yes.
- As per the Suprement Court , judgement , a minors property cannot be sold without the permission from court.
- If, it is sold , then the monor has his right to challenge it on her attaining majority.
1. Yes, after becoming major , he can challenge the same , and he will have right to take possession.
2. Yes
3. Yes
4. No,
- For getting a minors property , court order is mandatory , and the case should be filed under The Guardians and Wards Act.
- The guardian of the minor will have to take permission before selling the property , within two years from the date of attaining majority of the minor.
- As per the information mentioned in the present query, makes it clear that everything is clear in the transaction except the minor part by Ms. E.
- Yes, there just be the permission from the court of law stating that why she has been doing it and it for her to take the responsibility of minor object after becoming major.
- There will be a suit/ application for permission before the court of law.
- Once that is there, then no minor can claim any right from you in future from their share which they would be getting if they would have been adult at this time.
