Is mutation enough to sell minor's share in the property
3 years ago
I want a to buy a flat. The Flat owner died and according to the will, the flat is distributed between her 2 sons (40%-40%) and 1 grandson (20%) who is 15 yrs old. We were informed about the minority law and we should get the court's permission to sell the property as minor is involved.
But can the court order process be evaded if the mutation is done in the name of the deceased sons?
Also, can a declaration by the sellers be valid that their minor son and no future heirs will exercise the right on the property?
Please enlighten as to what could be the right procedure to get this deal through?
A.Dear Sir,
If Court process is avoided the property purchase will be under risk anyway get appropriate opinion by showing all the documents from a Property Lawyer.
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If Court process is avoided the property purchase will be under risk anyway get appropriate opinion by showing all the documents from a Property Lawyer.
Rate me Five Star*
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A.Hi,
You have to file a original petition before the appropriate court for the permission of selling the suit property if the selling is for the benefit of minor child. The minors property cannot be sold without the permission from court. Even if sold it, the minor has the right to challenge it on her attaining majority. If you found this helpful, please rate us.
You have to file a original petition before the appropriate court for the permission of selling the suit property if the selling is for the benefit of minor child. The minors property cannot be sold without the permission from court. Even if sold it, the minor has the right to challenge it on her attaining majority. If you found this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
As per the provisions of the Hindu Minority and Guardianship Act, 1956, any property or share in property owned by a minor, cannot be sold or disposed of by the natural guardian of the minor, without taking permission from the court. If you found this helpful, please rate us.
As per the provisions of the Hindu Minority and Guardianship Act, 1956, any property or share in property owned by a minor, cannot be sold or disposed of by the natural guardian of the minor, without taking permission from the court. If you found this helpful, please rate us.
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