Minor share involved property - they took advance, but not applying for court permission
sujathapriyasr
(Querist) 19 December 2014
This query is : Resolved
Sir
We have paid advance fo 14 lacs for a house property.
Property Details - Land bought by husband and wife together & house building constructed.
Survivors - Husband passed away, leaving behind wife and minor son
The wife has taken an advance of 14 lacs and almost over 9 months, not applying with the court at all for obtaining approval for minor share sale.
What remedy we have?? The sale agreement has been registered.
Can we approach the court directly for the same purpose, stating that the concerned person has not taken any action??
Thanks a lot.
Advocate M.Bhadra
(Expert) 19 December 2014
Send a legal notice to calling her to complete the formalities and registration, failing which you can file a case in Consumer Forum for deficiency of service. Alternately you can file a suit for specific performance of contract and injunction in Civil Court. But best option is consumer forum.
sujathapriyasr
(Querist) 19 December 2014
Thank you sir. We have already sent advocate notice. No reply for that also. We have followed up thru our advocate. The case has not even got numbered so far. Can you just brief how to handle this cconsumer forum thing Sir, I am asking for better details because, the advocate I asked said we have no other option except going for specific performance suit, by paying 7.5% of property value as court fee.
Can you please detail a bit more if your time permits. .
However thanks for your valuable time and guidance Sir.
sujathapriyasr
(Querist) 19 December 2014
Pl guide on this Consumer Forum procedure Sir.
Thanx again.
Kappil Cchandna
(Expert) 19 December 2014
Dear,
Consumer forum you can file a complaint mentioning all facts and claim compensation for the mental agony and harassment being caused as a reason thereof...
Kapil Chandna Adv, 9899011450
sujathapriyasr
(Querist) 19 December 2014
thanks sir.
But, for this property case, is there any remedy thru Consumer Forum or paying 7.5% (close to 6 lacs) and moving to the court is the only option??
KUMAR JAGADEESAN
(Expert) 21 December 2014
With due respects to Mr.Kapil Chandana I do not think consumer forum would have jurisdiction to decide this case as there is a neither a consumer nor a service provider.It is only an agreement between two parties in a contract for sale.Specific performance would be the best option as rightly advised by your lawywr
sujathapriyasr
(Querist) 21 December 2014
How can we make that seller lady, apply for the court permission, for sale of minor share?? Pl guide for that. Bec, she doesnt have money to give back, even if we want to cancel our sale agreement mutually.
prabhakar singh
(Expert) 21 December 2014
To me your lawyer's opinion seems perfect about your remedy as when owner agrees to sale to a prospective buyer through a registered agreement and thereafter denies ,it would be a breach of contract that is specifically enforceable at the discretion of civil court,there is no element of service or defect in title or quality of goods involved in such an agreement to attract consumer forums'jurisdiction.
And about minor's share I wish to say what if permission is denied even if applied??????
In my opinion your agreement is not specifically enforceable against very share of minor even if his mother agreed by the deed.
sujathapriyasr
(Querist) 21 December 2014
What happens if we go for this specific injuction suit sir?? will we face any prob there as regards to the minor share? in that case, how do we recover our money sir??
prabhakar singh
(Expert) 21 December 2014
Reliefs to be sought for in a suit of specific relief is firstly to enforce the contract and alternatively refund of earnest
paid and consequential damages and costs to gather with injunction to preserve property
during pendency of suit.
It would not be held binding on minor in case permission is not applied or denied even if applied.
There is no procedure to force her to apply for permission.
If she undertook it in deed that would prove she breached the agreement.
Hopefully suit would be decreed against her share and a consideration and earnest shall get adjusted accordingly.
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
I fully agree with the views of expert Mr. Prabakar Singh on the subject query. In the given situation, a suit for specific performance along with an application for injunction on the same lines restraining the vendor from alienating the property till the disposal of the suit will be the remedy for this. She may be having plenty of reasons for not filing a case seeking permission of the court to sell the minor's property, that cannot deprive your rights on the basis of agreement. That is why it is always advised that a legal opinion is mandatory in all those cases where property devolves with minor interest unless such unnecessary harassment are to be faced.
sujathapriyasr
(Querist) 16 January 2015
Sir,
What are the documents that need to be submitted to the court along with application for sale of minor share in property?? Also, who are the respondents - only the buyer or someone else also??
