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ANU KANIYALI (ADVOCATE)     27 March 2016

Fate of the documents

Hello Sirs,

Here is a problem. A registered Sale Deed was executed by a mother personally as well as on behalf of her three minor daughters after the death of the father. In the said Sale Deed, provision for the minor children have been made in the form of deposit of money in nationalized bank. Thereafter, a petition was filed before the District Court for appointing the mother as guardian of the minor children, which was allowed by the Court. Thereafter, a miscellaneous case was also filed before the same court for appointment of mother as guardian for the property of the deceased husband/father, which was also allowed by the Court. Subsequently the Seller executed a Supplemental Deed to the aforesaid Sale Deed so that in future the Purchaser shall not have any problem regarding title.

      I would like to know whether the Regd. Sale Deed along with the Regd. Supplemental Deed constitute a valid one. I think, as per Hindu Guardian and Wards Act, before selling the property the wife and children of the deceased should have taken permission from the Court.

      Therefore, please enlighten me on this point. Thank you.

      

 



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