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A has a property gifted by his fathers sister
and has 
daughter b. 
wife c. 
grand daughter maternal d (minor) babbly
daughter in law e married with another girl after b die
a died 
b died 
c has dispute with e and court given d custody to c
c sold her half undivided share of c as property another undivided half share goes to minor d name xyz babbly

now c approched me as a natural as guardian of d (minor) to develop 
d half udivided property as multistorage building along with my purchased property and comes under development agreement with me 64/40 basis.
now my question is

1. it is compulsary to take court permission in develop d property as minor property is intact.?

2. after development can builder sale his 60% share without court permission.

3. can bank give loan for development. or morgage the property or bank will morgage half of my property and give loan.

 PLESAE TELL IF ANY OTHER INFORMATIONS
Asked 26 days ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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13 Answers

1. Without the permission of court the minor's property can not be sold after development of the same.

2. No.

3. No

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

1. You may please be aware that any transaction to the immovable property which involves the minor child's rights/interests need to approach court of law for permission to do such acts.

2. First of all it would be an illegal act to combine this property for joint development without court's permission, hence all such further activities involving the property belonging to the minor child would be considered as an illegal act.

3. The bank lawyer would not recommend loan or mortgage loan to the property involving minor interest.

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

You need court permission to develop the property 

 

obtain  court permission for sale of flats constructed on the proeprty 


bank can give loan for mortgage of property if title is clear and marketable 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

If minor child is entitled to a share in the property then for alienating his share in the property it is essential to obtain permission from court or else it would be considered as invalid and illegal. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Minor can on attaining majority file suit within period of 3 years  to set aside sale deed 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

  1. Any agreement with respect to minor’s property without permission of Court is invalid. You have to obtain permission from Court to get into development agreement  of minor’s property.
  2. Once you get permission from Court there is no need to seek permission for sell of your share.
  3. Bank will sanction loan once permission is granted. You to mortgage the property with bank and obtain loan.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

1) You will require the prior permission of court to carry on any development of property if minors rights are attached with it.

2)  To sell or dispose off property with minors rights attached guardian will need courts permission.

3) Bank can give loan if the title to the property is clear and does not involve minor rights.

4) Sir if you enter any contract with respect to property that has minors rights attached, such will be voidable at the option of the minor.

Thank you

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

1. Yes, it is mandatory to take court permission 

2. No

3. No, bank can reject the loan. 

- The said minor after attaining major can challenge and approach court for his share in the property . 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

Wife is not absolute owner of property 

 

grand daughter would also inherit daughter share in property 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

The property belonged to A.

A is reported to have died intestate.

Though B died before A, rather predeceased A, B is still considered as one among the legal heirs to the deceased A who is reported to have died intestate.

Thus A's property shall devolve equally on all his legal heirs which includes the legal heirs of the deceased legal heir i.e., D. 

Thus D is entitled to half share in the property at par with C.

In fact it was you who had mentioned this law in your first post of this thread, which is absolutely right and proper as per provisions of succession law.

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Dear sir,

If it is a seld acquired property, a person can choose whom to give the proerty. in case he dies without the will, His successors can claim the property. Also, in case there is no successor, the wife can claim the property. 

IF D is a minor, she can get the after becoming a major. Till she is a minor, the property shall be taken care of by a trustee appointed by the owner of the property who wants to give the property to the minor.

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

yes court permission is required in the minor property decisions and the same is mandatory.

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

- If A has his right to transfer his self property to anyone during his lifetime and non having any right to claim including his family members. 

- Further, after the death of A , and his daughter B , the property would be devolved upon his wife only , and D cannot claim any share . 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

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