I want to buy my father property if possible or to sell it to third party
Family Background
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My father expired last year
we are 4 children [ 3 daughters, 1 son pre-deceased] - my brother Passed away few years before my father's death. My deceased brother has a son who is a minor (12 years)
Legal Hier Details
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My father's legal heir certificate contains 5 names listed [ 1.my mother, 2.my elder sister, 3.my name,4.my younger sister, 5. my brother's son who is a minor - in total 5 members]
Though the mother is the natural guardian of the minor, but the legal heir certificate does not contain minor's mother name
CLARIFICATION REQUIRED
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we want to sell this property for settlement of some debt. since the transaction requires getting the court permission as the minor is involved as shareholder in the property
we need a clarification, who can file " THE PETITION FOR PERMISSION TO SELL MINOR PROPERTY UNDER GURADIANS AND WARD ACT"
1. is it only the mother of a minor can file petition?
or
2. my mother who is also the shareholder in property and want to settle some debt can file the petition?
or
3. anyone who is the shareholder in property can file the petition?
ultimate intension here is to ensure the minor gets his share and in future no problem to both buyer and seller.
please clarify
Thanks,
Asked 3 years ago in Property Law
Religion: Hindu
Thanks for your reply, I understand mother is the natural guardian to the minor and there is no change to this only she can take decisions, just for more understanding and better clarity let me add scenarios
scenario 1: if the whole property is in minor's name and mother wants to sell then I can understand that only the mother can file petition
scenario 2: in our case the property is getting inherited and minor who is a grandson becomes one of the shareholders along with the wife and daughters of my deceased father.
what if my mother who is getting old want to settle some debts left behind by my father ( or )
any of the shareholders in the property needs money for some reason like emergency and the mother of the minor doesn't want to file petition - what is the best suggestion
Asked 3 years ago
