Selling land belonging to my son
We have agricultural land in Rajastan that belongs to me, my wife and our children - 17 years and 14 years).
We live in the UK. We are looking to sell the land. Can we sell the land that belongs to the children easily. We want to give power of attorney to my dad (a UK citizen) in order to sell the land.
Asked 2 years ago in Property Law from United Kingdom
Hi, you can sell the land to any body executing power of attorney and you must include the name of the minor children represented by father and natural guardian so that all of you have assigned power to sell to your father.
2. As far as General Power of Attorney is concerned when there is sale clause it has to registered Before the Sub-Registrar.
a) We were told that property/land that belongs to children cannot be sold until they are 18 in Rajastan and Punjab.
Are you sure that no such law exists?
b) Regarding power of attorney, can we have just one power of attorney giving rights to my dad or do we need to have individual power of attorneys?
c) How long does it take to register at the Sub-Registrar (minutes, hours, days etc). How would we find the nearest sub-registrar (the land is near Ganga Nagar)
Asked 2 years ago
1) for selling land that stands in name is children you would need court order
2) court may direct you to deposit sale proceeds of children share in court
3) it would be placed in fixed deposit fir benefit of children till they attain majority
4) for your share you can execute power of attorney in favour of your father
5) it should be attested before Indian consulate in UK
1) You and your wife can jointly execute power of attorney in favour of your father for your share in property
2) once POA duly executed by you is received by your father he can submit it to sub registrar office within whose jurisdiction property is situated
3) it won't take more than a week for completion of registration process
4) you can contact a local lawyer to find to find nearest sub registrar office in Ganga Nagar
You cannot sell the property which belongs to the children who are minor. If you intend to sell as a Guardian, an order from the court needs to be taken in this regard. You and your wife can jointly execute a POA in favour of your father for selling your and her share of land. It usually takes 2-3 days for the registration to complete. However not more than a week.
1. No. the property owned by a child can nt be sold by his near ones including parents without the permission of the District Judge,
2. District Judge is the custodian of the properties of all cildren living in the area under his jurisdiction,
3. File an application before the District Judge praying fot permission for selling the share of your children in their inteerest.
1. The land transfer of property of minor is avoidable agreement at the option of the minor on attaining majority. This law reigns supreme in allover India.
2. POA can be executed in favor of any close relative including your dad.
3. The property can be registered within a week.
The property of minor should be transferred with the consent of the court.
1. You heard it right. the property belonging to children can not be sold with out the permission of the district judge,
2. Act as suggeted in my earlier post,
3. For filing the application you can give POA to anybody in you like in india who can file the said application before the District Judge.
Hi, you have to execute one power of attorney if favour of your father and for registration is concerned before the sub-registrar it will take half day for registering the document.
Wherever a property to be sold involves minors' interest, proper permission from the District and Sessions court within the jurisdictional limits of the property situate is to be obtained by filing a suit/petition seeking permission with valid and convincing reasons which would not hamper the the minor interest as well as their future interest in it.
Generally court will not grant permission for alienating the property involving minor interest (where a share for minor child is existing) especially on the grounds stated by you. There is no bar in you selling your share in the property through your father making him as your general power of attorney agent to sell the same and also on your wife's behalf in a joint deed but you cannot give power to him on behalf of your children to alienate their share in the property without being permitted to by the court of law.
Further the power of attorney deed also has to be registered before the registrar in India by following the procedures meant for it as laid down in the law.
1. Both your children are minors.
2. You can easily sell the land which is owned by you and your wife, whereas the sale of land which is owned by your children is possible only after court approval.
3. You can either sell the land after both your children attain majority, or proceed to seek the permission of the court to sell the land.
4. Nowhere in India the land owned by a minor can be sold without the sanction of a court of law.
1. Registration does not take more than 30 minutes.
2. A single POA executed by you and your wife to your father shall suffice.
1. sikh is treated by hindu personal law.
2. If this is ancestral property then you children have share in it. But they have no right to file suit for partition because they are minor.
3. you are the karta or manager of this property and have a distinct legal status. due to this status you have right to alienate this property in the interest of family. You children can file suit and challenge this alienation after attaining age of maturity on only one ground i.e. alienation was not in the interest of family.
4. you have right to sell it, and buyer will get absolute right.
in Rangammal vs Kuppuswami & Anr, it is held by the supreme court that the sale deed executed by the de facto guardian (father) on behalf of the minor(chiildren) without the permission of the court is valid. Guardian has right to do so because he is manager of the family and his act can't be challenged if it was done in good faith and in the interest of family.