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Minor legal hire -Property buying
4 months ago
we are looking for a property(Hyderabad) where the owner expired and his legal hires are wife and a minor daughter. Wanted to know if it is legally valid to buy the property where a minor also a legal hire. If so what is the process required. Pls do provide the advise and the valid documentation required. Thank you
A.Dear Sir,
Yes, the mother can execute sale deed on her behalf and on behalf of her minor children as natural guardian for the legal necessities of the family.
Yes, the mother can execute sale deed on her behalf and on behalf of her minor children as natural guardian for the legal necessities of the family.
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A.Dear Client,
In the situation where the owner of a property in Hyderabad has passed away, leaving a legal heir as a minor daughter, it is legally valid to purchase the property. However, the process involves certain steps to ensure a smooth and lawful transaction. Firstly, the legal heirs, in this case, the wife and minor daughter, would need to obtain a succession certificate or legal heir certificate from the relevant authorities. This certificate establishes their right to inherit the property. Subsequently, the property can be transferred through a sale deed, and it's advisable to consult with a local lawyer to guide you through the specific documentation and legal formalities involved. Additionally, ensure that the minor's interests are protected, and the transaction complies with legal requirements, possibly involving court approval for the minor's share. Seek professional legal advice to navigate the complexities of acquiring the property and to ensure a legally sound transaction.
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In the situation where the owner of a property in Hyderabad has passed away, leaving a legal heir as a minor daughter, it is legally valid to purchase the property. However, the process involves certain steps to ensure a smooth and lawful transaction. Firstly, the legal heirs, in this case, the wife and minor daughter, would need to obtain a succession certificate or legal heir certificate from the relevant authorities. This certificate establishes their right to inherit the property. Subsequently, the property can be transferred through a sale deed, and it's advisable to consult with a local lawyer to guide you through the specific documentation and legal formalities involved. Additionally, ensure that the minor's interests are protected, and the transaction complies with legal requirements, possibly involving court approval for the minor's share. Seek professional legal advice to navigate the complexities of acquiring the property and to ensure a legally sound transaction.
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A.Dear Client,
A self-acquired property left by the owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share. In case the surviving legal heirs are children at the time of the demise of their biological father, then after the father, the natural guardian of minor children is their mother, Section 6 of India's Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother. If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the mother whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Hindu Minority and Guardianship Act, 1956 states that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or in any other mode without the previous permission of the Court. In case of an urgent requirement of funds, the natural guardian of the minor children will have to make an application to the court praying for the transfer of that property. As per Sec.12 of the Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. As per the Supreme Court judgment on the sale of minor property in Saroj v. Sunder Singh & Ors., the Supreme Court ruled that a guardian cannot sell a minor's part of the property without the permission of the competent Court. However, if the minor objects to the sale or transfer of the property, the court will hold the transaction void. To impeach the transfer of immovable property by the guardian, the minor must file the suit within the prescribed period of three years after attaining majority. Reach out to an Advocate for guidance and steps.
A self-acquired property left by the owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share. In case the surviving legal heirs are children at the time of the demise of their biological father, then after the father, the natural guardian of minor children is their mother, Section 6 of India's Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother. If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the mother whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Hindu Minority and Guardianship Act, 1956 states that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or in any other mode without the previous permission of the Court. In case of an urgent requirement of funds, the natural guardian of the minor children will have to make an application to the court praying for the transfer of that property. As per Sec.12 of the Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. As per the Supreme Court judgment on the sale of minor property in Saroj v. Sunder Singh & Ors., the Supreme Court ruled that a guardian cannot sell a minor's part of the property without the permission of the competent Court. However, if the minor objects to the sale or transfer of the property, the court will hold the transaction void. To impeach the transfer of immovable property by the guardian, the minor must file the suit within the prescribed period of three years after attaining majority. Reach out to an Advocate for guidance and steps.
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