For sale of minor share in property court consent is necessary
court would not grant consent unless minor share of sale proceeds is placed in a fixed deposit
Need Information
My sister lost her husband in 2017 Since then she is with me..She had a son of age 15 studying in 10th this Year Now My sister is getting her husband ancestral property. Name of Both my Sister and her son are mentioned as property owners Want to know whether she can sell this property whenever she wishes and what is the role of her son during such sale transaction? Whether her MIL can legally stay the sale transactions since my sister son being minor
Asked 1 year ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
Depending on surviving legal heirs property will be divided. If there is MIL, widow of son and son there will be three share each sharing 1/3. Your sister can sell her 1/3 after getting the property mutated in her name. If she wants to sell the share of her 1/3 son, she need to take permission from district Court as he is minor. She is not entitled to sell 1/3 of her MIL’s share without her consent.
Yes she can take a stay
Her MIL voluntarily signed for not wanting any share in this property Since my sister has no other income source she wants to sell property and have sale amount as FD and live life independently in the monthly interest ..if this is legally possible
Asked 1 year ago
Mother in law has to execute gift deed or relinquishment deed for her share in property
it should be duly stamped and registered
sister can sell her share in property
1.Based on your narration of the case, your sister has to obtain permission of the jurisdictional Court for selling her minor son's share in the property.
2. In case your sister sells the property, including her minor son's share in it, without obtaining the jurisdictional Court 's permission, then her son after attaining majority (18 years), may challenge the sale deed executed by your sister and the purchaser would not get clear title to the property if that happens.
Even though your sister and her son are entitled for a share of the property out of her husband's share in the property, she should have got the share of property properly by a partition.
After that she can sell her minor son's property by obtaining permission from court for the reasons she would rely upon.
Yes it is possible if she follows the prescribed procedures scrupulously
She may have to obtain permission to sell her minor son's property from court along with her own property giving valid reason.
First, your siter's MIL has to execute and register a deed of relinquishment in favour of your sister and her minor son releasing all her claims over her share in the property. Only then can your sister and her minor son acquire an absolute and exclusive title over the entire property. As minor's interests are to be safeguarded, she can sell the property ONLY after getting a court order to that effect. She cannot do so without it.
It will be distributed between all legal heirs if you sister wants to sell entire property she requires consent of all
Good Morning,
- Mother-In-Law needs to execute release deed in favor of your sister to release her share from the said property.
- The said release deed needs to be registered at the district sub registrar.
- Your sister needs to take permission from the court to sell her son 1/3 share as he is still minor.
- Only after obtaining court permission she and her son can legally sell the property.
- As per law , a minors share in the property cannot sold without getting court permission /order
- Since, the son is a minor , then your sister should approach the court for getting order for selling the property .
- However, she can sell her share without getting the consent of anyone .
- Further , after the death of her husband , she can claim maintenance and residential right from her in-laws
