• Purchase of inherited Property

I wish to purchase a agricultural property for 80 Lakhs . However , i am registering the property for 50 lakhs which is more than the guidance value . This property was inherited by the seller . The seller has his mother , wife and a minor daughter aged 13 years. Should we deposit Rs 25 lakhs in an FD account in the name of the minor daughter .
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Seller needs to obtain court permission to sell minor share in property 

 

court would grant permission provided minor share is deposited in fixed deposit 

Ajay Sethi
Advocate, Mumbai
99870 Answers
8149 Consultations

If Property is acquire by seller`s grand father and had intestate succession than seller daughter has share in the property.

And If inherited land is his father self acquired land than only seller and his mother are owner. Can make full payment to them without FD in  the name of child.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

- Before purchasing , you should know the rule of Karnataka for purchasing an agricultural land:- 

  1. You need to have agriculturist roots ( i.e: Family /extended family has to have documented evidence of farming)
  2. For a non-agriculturist , your annual income should be less than 25 Lakh P.A .Previously this was only 5 Lakh P.A which was hiked recently to 25 Lakh Per Annum. 

-  You should approach to concerned district Deputy Commissioner ‘s office , for getting agriculture family certificate and to apply for permission to buy land.

- But the permission is granted with a condition that you will cultivate the land for 5 years from the date of purchasing the land.

- Further, A minors property cannot be sold without the permission from court.

- Even you will purchase after taking his consent through guardian , then also that minor has the right to challenge it on her attaining majority. 

- Hence, you are advised to read the laws as i mentioned above carefully before deposit any amount , for purchasing the said property from the seller. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

1. IF the property was inherited from only last two generations, THEN it means it is not an ancestral property.  Check the latest Land Documents (7x12 & Form No, 6) that is issued by the  Tahsil office.

2. IF Land is NOT ancestral, THEN the Minor child has no claim /rights when attains Major age. Further you as the Buyer do not have any liability towards the minor's Claim /Right /whatever .... neither now nor in future.

3. The Sale Deed for property should be duly stamp duty paid and duly registered before the local registrar of sub-assurances and the Seller + Mother + Wife  "MUST" sign as "Confirming & Consenting parties".  This will ensure a legally dispute free transaction, more so when a Minor claims/rights "MAY' be involved.  AFTER this the Joint Sellers would be liable for the Minor's Claim /Rights (if any, in future).

 

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See if seller alone inherited the property and same is mutated in his name then he can freely sale it no amount in name of daughter is required he is absolute owner of property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can and this will be appreciated but open it in the Sale Deed. Do one thing more that to verify the status of the seller in Tehsil Records, it should be duly mutated in the name of all the legal heirs of the inherited property.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

The court permission is essential and mandatory to purchase the property involving minor interest hence you may direct the seller to obtain permission from court to sell the share of property belonging to minor shareholder.

T Kalaiselvan
Advocate, Vellore
90072 Answers
2500 Consultations

For any minor property court permission is mandatory. if court grants then you can FD. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

If the minor daughter is legal heir then you require permission of the court for the same

Prashant Nayak
Advocate, Mumbai
34584 Answers
249 Consultations

If minor interest is involved, it is better to take permission from the court to sell the property in your favour. Reason for sale must state that it is for providing better education for the minor child and for her future interest, this process would take upto 6 months. But future litigation once the girl attains majority will be resolved. 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

Dear Sir,

It is better to deposit Rs. 25 Lakhs in the name of minor daughter to avoid future complications however it is not mandatory to do so.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Ask seller to provide a order from court for selling minor daughter share if he refuse to provide the orders.

Then tell him that you are depositing minors share in FD on her name to avoid any litigation in future.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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