Ancestral porperty
Suchitra. S
(Querist) 20 October 2009
This query is : Resolved
Respected sirs,
If one wants to buy a property which is ancestral and wherein the seller has got minor children, what is the procedure available to see the minor children not contesting the sale once they attain majority?
R.R. KRISHNAA
(Expert) 20 October 2009
It is enough that the seller/sellers also represent and sign on behalf of their minor children in the sale deed. Then the minor children cannot contest the same in future.
adv. rajeev ( rajoo )
(Expert) 20 October 2009
hai,
without the permission of the Dist., court seller cannot sell the property in which minors have got share.
Your question shows that property is ancestral property and minors have got share in it.
Buyer has see whether seller has obtained the permission from the court under the guardian and wardship act to sell the minors share.
Krishna's is wrong.
Manish Singh
(Expert) 20 October 2009
under statutes (i think top), there is a provision that a minor can challenge a transfer of immovable property once he gets major till 12 years therefrom, so please follow the opinion of mr. Vardali.
Suchitra. S
(Querist) 20 October 2009
Respected experts,
I have a doubt here. Can a buyer take fixed deposits in the name of minor kids of the seller with his consent and mention the same in the sale deed so as to prevent minors from contesting the sale when they attain majority? Is it also a way to buy the ancestral property?
Can the buyer say, F.Ds protects the interests of minors?
Sachin Bhatia
(Expert) 20 October 2009
Seller has to obtain the permission from the Civil court to sell the minors share.
adv. rajeev ( rajoo )
(Expert) 20 October 2009
U mean by selling the property u want to show that fixed deposit will be in the name of the minors of the seller. How come you thought like this. it amounts to sale so court permission is necessary, unless seller obtains the permission to sell the property of minors he cannot do anything.
I have already in some of questions relating to this that it should be to protect the interest of the minors.
Raj Kumar Makkad
(Expert) 20 October 2009
The way of FDR is neither heard nor logical. The only way for the seller is to get the permission in the hands of major seller to sale the share of the minors in their interest. Until and unless such permission is not granted, neither the share of the minor can be sold nor the sale deed can be stopped from challenge on the attaining of majorship by minors.
Advocate SK Rohilla New Delhi
(Expert) 20 October 2009
Court permission is mandatory otherwise the Minor can set aside the sale on attaining the majority within 03 years from the date he/she attain majority. (Mr. Manish- pls refer Limitation Act.)
niranjan
(Expert) 20 October 2009
When the property is ancestral, the seller cannot sell shares of others nor of minors. Permission of the Court is must. I agree with the views above.
Khaleel Ahmed
(Expert) 26 October 2009
If the seller is muslim, he can sell the property. If he is Hindu, he should seek permission from the court. A minors interest always protected by law.
Ashok Yadav
(Expert) 26 December 2009
As the expert said-property of minor can be sold only after getting permission civil court, there is no other way to sold the minor's property. The minor can challenge the sale after attatining the majority.
