• Buying a property from legal heirs

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.
Asked 2 days ago in Property Law
Religion: Muslim

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11 Answers

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 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

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 

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

co-seller

tell the widow or the major son to apply for LA from High Court 

Yusuf Rampurawala
Advocate, Mumbai
6990 Answers
79 Consultations

5.0 on 5.0

Major son has to sign the sale deed along with his mother 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

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.  

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
4343 Answers
258 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

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.

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

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

Anik Miu
Advocate, Bangalore
5334 Answers
57 Consultations

4.9 on 5.0

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