Sale of Property
3 months ago
My property was purchased by me 2009 joint registered with my wife and me in 2019 my wife expired,afterwards my 2 children age 14, 8 years were added in the mutation with my sole guardianship father.i want to sell the property for the funds for running my business and education for my children,can I sell the property please guide me.
A.Dear Client,
Under the Hindu Minority and Guardianship Act of 1956, if minor children inherit property, their father, listed as the natural guardian in the property deed, is restricted from selling or alienating the property. Section 8(2) of the Act explicitly states that immovable property owned by minors cannot be mortgaged, charged, or transferred without prior court permission. Should the need for funds arise urgently, the natural guardian must approach the court, seeking permission for the property's transfer. Section 12 of the Act emphasizes that no individual can dispose of or deal with a Hindu minor's property solely based on being the de facto guardian.
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Under the Hindu Minority and Guardianship Act of 1956, if minor children inherit property, their father, listed as the natural guardian in the property deed, is restricted from selling or alienating the property. Section 8(2) of the Act explicitly states that immovable property owned by minors cannot be mortgaged, charged, or transferred without prior court permission. Should the need for funds arise urgently, the natural guardian must approach the court, seeking permission for the property's transfer. Section 12 of the Act emphasizes that no individual can dispose of or deal with a Hindu minor's property solely based on being the de facto guardian.
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A.Dear Client,
If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the father 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.
If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the father 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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