• Court permission for share of minor share

I am looking to sale my flat in Pune wherein we included our son's name also while purchasing it. Now we came to know that it needs courts permission to sell minors share. We are in a financial crunch hence need to sell the flat. Can you please help me with the entire process to obtain the court permission and how much time it takes?
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

You have to file a petition before the appropriate court for the permission of selling the suit property if the selling is for the benefit of minor child.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Yes you need to apply through court under guardian and wards Act

Prashant Nayak
Advocate, Mumbai
34709 Answers
250 Consultations

You have to state the reasons for selling the flat your relationship to the child ie parents and the court would consider and dispose the case. 1 month max. Engage a good lawyer.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See.you can engage an advocate to file application for permission before the district court , the court shall pass appropriate order you need to establish same is for benifit of minor. The court may take a month or more to decide same

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) it should take around 3 months at least 

 

2) you have to file suit in district court seek court permission to selling minor share in property 

 

3) furnish details of sale consideration expected to be received 

 

4) mention that you would be depositing sale proceeds of minor in fixed deposit in child name 

 

5) court would grant you permission 

Ajay Sethi
Advocate, Mumbai
100037 Answers
8167 Consultations

If the buyer is ready to boy this property without the permission of the court then you can very well do so.

Do note that one can sell a minor's property without the permission of the court and the same is not void sale but voidable at the option of the minor on his attaining majority.

To take such permission though it does not take more than 6-8 months. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Yes you need to get the court permission to sell the minor share and you need to show the urgency that the money is needed for his welfare.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Even it can be sold without court order. Only thing is child on becoming major can challenge the sale deed within 3 years.

But case can dismiss on your application because child do not have inherited right and this is your self acquired property.

Court process will take time and litigation cost involved.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. You shall have to file an application before the local District Judge praying for his approval to sell your minor son's share of the property to the person whom you have already entered in to agreement for the said sale.

 

2 You shall have to attach the copy of the said agreement of sale along with the application to be filed before the District Judge.

 

3. You shall have to mention the Bank account no. of your minor son and it is to be mentioned in the said application that the share of the consideration of your minor son shall be deposited in his account for making FD in his name to be used for his welfare later on.

 

4. The District Judge will not give his approval for selling the minor's share of the property for the reason that you are facing the financial crunch. The welfare of the minor will be considred by the District Judge before according approval for the said sale.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

This is my response to you:

1. A property in minor's name can be sold;

2. The natural guardian can sell his share;

3. This is a completely legit sell;

4. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1.  File proper Application before the local Civil Court, and seek permission/s for sale of minor's property by undertaking to preserve the Minor's share ratio of the Sale Proceeds in a Bank FDR in minor's name.

2. IF court is not very busy and their is no court vacation etc.... THEN you will be able to get the order within 6 months.

3. You will require original Sale Agreements, payment proofs, identity & residence proofs, birth certificates.  Legal Fees etc.... will depend on local lawyers capabilities.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. You need to file a case under Hindu minority and guardianship act for permission from court to sell share of minor son. 

2. It may take around 3 to 6 months to get permission and court fees for this case is not much.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The minor's share in the property cannot be sold without the permission of court.

For obtaining permission of court, you may have to file a case before the district court seeking permission to sell the share of minor in the property for the reasons you may rely upon and by producing the substantial documentary evidences supporting your pleading on this.

 

T Kalaiselvan
Advocate, Vellore
90240 Answers
2508 Consultations

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