Seller needs to obtain court permission to sell minor share in property
court would grant permission provided minor share is deposited in fixed deposit
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 .
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Seller needs to obtain court permission to sell minor share in property
court would grant permission provided minor share is deposited in fixed deposit
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.
- Before purchasing , you should know the rule of Karnataka for purchasing an agricultural land:-
- 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.
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).
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.
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.
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.
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.
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.