The property is an ancestral property and is being sold by the grandson of the person who purchased it. As the property was acquired through a will, it became a self acquired property. Therefore no need of permission.
Purchase of property which has minor’s interest.
Hello, I am Hindu and planning to purchase one of my friend’s ancestral property. My friend acquired the property from his father and his father from his father. Now the property is in my friends name obtain via will My friend has a minor child. Should I take court permission to purchase this property ? What is the process for obtaining the court permission ? How long it will take to obtain the court permission ?
Asked 3 years ago in Property Law
Religion: Hindu
19 Answers
What other alternative ways are there other than seeking the court permission for this purchase ?
Asked 3 years ago
And the property which my friend is selling is portioned between my friend and his brother as mentioned in will.
Asked 3 years ago
The property has been obtained through a will. Nobody has opposed the will and hence the property has been distributed as per the will.
The property is a self acquired property of your friend and hence no permission is needed.
If the property is acquired via partition with in the family arrangements but not via will, then also will it be called self acquired property ?
Asked 3 years ago
Once partition is done as per the law/family arrangements, the property becomes the self acquired property of the person who gets it.
For selling or transferring minor interest court permission is needed if it's a ancestral property
If it is ancestral property minor son has share in said property
court consent is necessary for sale of minor share in property
If you don’t take court permission then minor on attaining majority can file suit within period of 3 years of attaining majority to claim his share in property
Property which has remained undivided for 4 generations is ancestral property
if partition has taken place it ceases to be ancestral property
It would be regarded as self acquired property
1. Seller should approach district Court for permission to sale minor's share in property.
2. It takes about 3 months to obtain such order.
3. There is no other procedure to sale minor's property.
3. Division of property as per will is valid division.
4. Property acquired through partition is not self acquired vis-a-vis legal heirs of person on whom such property is devolved.
The property has been reportedly cquired by your friend through a Will from his fatgher and his faher seems to have inherited from his own father.
Therefore it may not be an ancestral property.
In the given situation it is not necessary to obtain court permission to sell minor's share in the property.
The minor is not having any rights in the property.
If it is not an ancestral property then there is no necessity to obtain court permission, therfore you ascertain the status of the property in the hands of your firied first and take a decision as suggested by your own advocate in this regard.
If the property has been bequeathed through a will on both their names and they got partitioned between themselves, then it is certainly not an ancestral property.
Yes whether it was acquired through a partition deed or through a will it becomes his own and self acquired property, therefore you may proceed without the permission of court however please obtain a legal opinion from a local lawyer before purchasing the property.
Dear client you can do that. Also it totally depends on case to case basis for obtaining courts permission.
Thanks for very good responses. I have follow up question on ancestral property. If a person A inherited 4 properties X, Y, Z and M from his father. And all 4 properties are in different location and have different Khatas. Person A has three children, after person A death 3 children acquire the property X, Y and Z via will in such a way First child get X and Second child will get Y and third child will get Z. Fourth property M is not described in the will, as its not described in the will with family arrangements all 3 will agree and become joint owners of the property M get their names added in the Khata as joint owners. In this scenario will X, Y, Z and M be considered as self acquired property of children.
Asked 3 years ago
Your understanding is right that the properties so acquired shall become their self acquired properties
Yes it will be self acquired later
It is not ancestral property
Dear client, it will still be considered as ancestral property.