purchase a house property of minor
Ritesh Rathod
(Querist) 01 February 2015
This query is : Resolved
Dear sir,
I want to purchase a house. In that hours 2 person is owner out of one is a minor. As per the law court approval also taken. In this regard I have two questions 1. Can 2nd major owner sell his only own interest from that house. If yes than how? 2. And if I want to purchase whole property who will sign onbehalf of minor. ? because minor has only grand mother.
kavksatyanarayana
(Expert) 01 February 2015
the legal guardian of the minor can execute the deed on behalf of the minor. if the minor's guardian is grand mother, she will to do so.
Rajendra K Goyal
(Expert) 01 February 2015
One person can sell his portion / share of the property.
Minor's share in the property can be sold with court orders by the natural guardian / guardian appointed by the court.
Ritesh Rathod
(Querist) 02 February 2015
sir - grandmother of minor is a natural guardian?
Ritesh Rathod
(Querist) 02 February 2015
I mean to say who is the natural guardian? in case minor have only grand mother.
Ritesh Rathod
(Querist) 02 February 2015
I mean to say who is the natural guardian? in case minor have only grand mother.
prabhakar singh
(Expert) 02 February 2015
Since the property is a house jointly owned by a major with the minor,section 12 of Hindu minority and guardianship Act would come into play which bars appointment of guardians with respect to such a property by civil court r it's District Judge.
However the jurisdiction of the High Court is open and a guardian may be appointed by it if it considers the same in minors'interest.
A grandmother is not a natural guardian but if she is looking after the minor and it is in interest of minor or there is extreme nesecity for his better upkeep or education to dispose of the house,permission may be sought from the High Court.
Ritesh Rathod
(Querist) 08 February 2015
Prabhakar Sir, means only high court has a jurisdiction to entertain a application for guidan appointment? Sir after filing a application for sepration may I purchase a share of major? If yes than which authorities entertain a application for sepration of property? Thanks for valuable advice.
prabhakar singh
(Expert) 08 February 2015
A property which is joint between two owners
can be mutually divided by oral or registered partition deed or when a party deny the request of partition a suit of partition is filed.
But in your case since one co owner is minor,he himself can not agree for partition\as he is incapacitated by law to give consent to any agreement.
So again the question of guardian arises.
You can buy the undivided joint interest of the major with one caution that since it is a dwelling ,the minor attaining majority can claim back share sold to you offering price for that.
Ritesh Rathod
(Querist) 13 February 2015
So sir appointment of guardian is only the way am I right? Now one more question sir which cout has a power to appoint a guardian i.e high court or session court etc.
