• Minor interest in a self-acquired property

The property that we want to buy was originally in the name of Husband and wife (self-acquired). The wife passed away two years back. The couple have a minor daughter. We signed the sale agreement  and went for lean with a bank. The bank says that there is a minor interest in the property and the seller should get a court permission. The seller's advocate says that since it is a self-acquired property and seller being the natural guardian of the minor, he can sell the property without a court order. 

Please let us know if the minor interest in this case is definite and a court permission is a must?
Asked 9 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
The property was purchased by husband and wife in their joint names, wife died, now husband wants to sell the property, being the guardian to the minor daughter, father can sell it without permission from the court as it is his self acquired property and therefore no courts prior permission is required to sell the property.
all that the seller must do is include the name of his minor daughter in the sale deed as one of the Sellers and sign as her guardian to complete the sale transaction on her behalf as well.
bank is wrong when it says the seller must obtain courts permission for completing the sale in your favour.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
1. Since it is the self-acquired joint property of Husband and Wife and the Wife has died intestate, her 50% share in the property would devolve equally to her husband and her minor daughter in the ratio of 25% each.
2. Even though the father is the natural guardian of the minor daughter court permission is essential due to the definite interest & right  the minor has on the property.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Hi, If the property was purchased in the name of minor then court permission is required but here in a case only minor share is there so father being a natural guardian can sell the property on behalf of minor.

2. In the sale deed you can mention the minor name also represent by father and natural guardian on the basis of this you can purchase the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) on demise of wife her50 per cent share would devolve on her husband and minor daughter 

2) court permission would be necessary for sale of minor share in property 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
The bank is right as the minor is also a legal heir to his deceased mother. The share of wife devolved on her husband and children after demise. Since the minor also has a share the property cannot be sold as a unit unless the permission of civil court is obtained to sell the share of minor. So the husband should file the petition to seek appropriate orders from the court. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You are absolutely correct that minor has one fourth share in property and court permission is necessary for sale of minor share in property 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Hi, Section 8 (2) apply where the case property is in standing in the name of minor, here in the case where earlier it was in the name of his mother and after her death her legal heirs i.e husband and minor son have rights over the 1/2 share of the mother share so in this case you need not require court permission.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
In the context of the immovable property being ancestral property this analogy applies, in this case since the immovable property is self acquired therefore the daughter being a minor does not automatically become entitled to an equal share warranting the requirement of Section 8 (2) of the Hindu Minority and Guardianship Act 1956. Therefore permission of the court can therefore be dispensed with. This will in no way be disputed U/s 8 (3) of the said act.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
The bank says that there is a minor interest in the property and the seller should get a court permission. The seller's advocate says that since it is a self-acquired property and seller being the natural guardian of the minor, he can sell the property without a court order. 
Please let us know if the minor interest in this case is definite and a court permission is a must?
The bank is right and the vendor's advocate is misguiding you.  
Basically this property was purchased jointly by husband and wife, there by both have equal rights in the property.  now the wife died intestate hence her share of property shall devolve on all her legal heirs equally.  Her legal heirs are her husband and her minor daughter. Now since the property devolves on the minor daughter also, the minor interest is automatically created on the property. As per law, wherever a property involves minor's interest, the only authority competent to permit the vendor to sell the property belonging to minor child shall be a court of law. Therefore it is mandatory to obtain permission of court to sell the  property which includes  the share of a minor child.  The vendor's advocate may try push the deal in order to get his monetary benefit out of such deal, so better have a second opinion from a different advocate.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
To eminent advocates Kiran N Murthy and Pradeep Bharatipura, I have one question. Isn't the minors interest in this property definite? Since her mother passed away, as other advocates mentioned, she gets 1/4 of the property share and if my understanding is correct this is not fluctuating in nature. Doesn't the Hindu Minority and Guardianship - Section 8 (2)  act apply in this context requiring court permission?
Your understanding is absolutely right that the property involves minor interest and alienating the property involving minor interest without permission from a competent court of law is illegal and invalid in the eyes of law. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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