Court consent is necessary for sale of minor share in property
court would grant consent subject to sale proceeds of minor share being deposited in fixed deposit in bank
I'm looking to purchase a residential plot whose owner passed away 18 months ago. As per the legal heirs certificate, the deceased person left behind a widow, three children aged 18+ yrs, 10yrs & 8 yrs. My query is who should be the authorised seller of this property? Since there are two minors among the legal heirs, what precautions should I take now while registering the property under my name keeping in mind to be safe from any future claims by the children of the deceased? As per the document writer (Kanakku Pillai), the registrar at the sub-registrar office, will allow the widow to sell the property as she is the natural guardian of her kids. Is that true? Is there any risk going with this option? FYI, the seller belongs to Muslim faith and the property location is in Tamil Nadu.
Court consent is necessary for sale of minor share in property
court would grant consent subject to sale proceeds of minor share being deposited in fixed deposit in bank
the widow can sell the share of the 2 minor children
however the 2 minors can challenge such sale by their mother within 3 years of attaining majority
if no such suit is filed then thereafter they cannot challenge the sale as the claim would be barred by limitation
ideally the widow should take the Court's permission for selling the share of the 2 minors
under Muslim personal law the widow is NOT the guardian of the minor child
Among the deceased kids, one son is major. Should he be a joint seller along with his mother? Or he can simply be a witness to the sale? Thanks in advance for your reply.
The property will devolve on all the legal heirs in proportion to their rights in the property and the law of succession would be as per Muslim law of inheritance.
In general, the guardian or the mother of the minor children has to obtain permission from court to sell the share of minor legal heirs by filing a petition giving substantial reasons to sell the shares of the minor legal heirs.
The court after being convinced may permit the mother or the natural guardian to sell the share of the minor children .
The document writer may tell plenty of lies in order to sustain his business, he may even bribe the registrar to get the property registered flouting the law and rules, but if the minor after becoming major by age and files a suit for partition at a later stage then you may have to run behind court and home with unnecessary litigation in this regard.
It is always advisable to obtain proper legal opinion on the title of the property and other aspects before buying the property and can proceed only if recommended.
All the legal heirs are to be the party to the sale of property as vendors, whether adult or minor children.
The rule to obtain court's permission to sell the share of minor in the property is mandatory, without which there are chances for legal complications/disputes/litigations at a later stage in future.
1. Since there are two minor children, whose rights are also inbuilt, the widow of the deceased person has to obtain the jurisdictional Court 's permission to sell the property which has minor rights.
2. If the jurisdictional Court's permission is not obtained and if the widow with her another major child sell the property, then the two minor children after attaining majority in age can challenge the sale transaction done when they were still minors. The widow and the son, who is major, can sell the property to the buyer only after obtaining Court's specific permission to sell minor rights.
Thank you sir.
You need to take it from widow. If the minor is also a legal heir then permission from court is necessary for sale of.his share
Minors are not capable of selling the property and attesting as witnesses. You can purchase the property incorporating a declaration in sale deed that property is sold for benefit of minors’ education or other necessities. That is sufficient. Many properties are being sold and purchases with minor legal heirs in the similar manner. If you want to be 100 per cent, safe you have to obtain permission from District Court for sell of minor’s property. It will take about 4 months to obtain such permission from Court. Widow can sell the property, major son will sign as witness clubbed with permission from Court you can safely purchase the property.
- As per law, after the demise of that owner , his property would be devolved upon his all legal owners equally i.e. his widow , and the three children
- However, as per Muslim law, the share of daughter will be half of the sons share in the property.
- Further, if the legal heirs is a minor ,then his share cannot be claimed by others without getting a court order
- Since, two children are of minor age , then his share cannot be sold without getting the court order , otherwise after getting the major age then can claim their rights in the property left by their father.
Dear client I am sorry to hear that but since two of the heir of the property a minor and therefore their legal guardian have the right to sell the property in his place
As to get the court order would take longer time, the seller's advocate suggesting paying each of the rightful heirs by demand draft in accordance with Islamic inheritance law and record the same in the sale deed and to further state that the proceeds from the sale of the property will be used to pay for the children's college bills and other costs. Will this be sufficient? I appreciate your thoughtful response. Thanks in advance.
there is no guarantee that funds would be used for payment of children educational bills
it is better to obtain court orders for sale of minor share in property
1. Obtaining the Court's permission to sell the minor's right in the property is the rule of law.
2. However, if you are confident that the two minor children on attaining majority do not challenge the sale deed executed by their mother in your favour, then you can go ahead with the transaction.
Do not fall prey to the luring advices given by the people in order to complete the task in haste.
You have waited so long, it won't make any difference for you if wait for a little more time so that you can complete the formalities as per procedures of law.
Do not take any step in haste or rush on the misguidance of them.