14 May 2009
A shop was purchased by my elder brother in the name of my minor son,now i want to transfer (sale)this property to my sane elder brother,my son is still minor & shop is standing in his name,how i can sale this shop on the behalf of my minor son,is their any prior permission of the court is required for sale,i & my wife are natural guardion Parents of our minor son.plz help
15 May 2009
You have to file a GOP before the local district court seeking permission of the court to appoint you as a guardian to the minor so as to sell away the property in the name of the minor. You have to made believe the court that the sale proceeds will be utilised for the betterment and welfare of the minor.
Under "THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956"
S.8. Powers of natural guardian- (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.
(2) The natural guardian shall not, without the previous permission of the court,-
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor, or
(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.
(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evidence advantage to the minor.
15 May 2009
The law of property is governed by personal law which varies from state to state in the country.Srinivas, view is correct in general, and Vishal view is on point in regard to Hindus.Thus I agree with the submission of the members.
15 May 2009
U have to file G & W case under Guardian and Wardship Act in The Dist., court to get the permission to sell the minor's property. But while filing a petition it is mandatory to take the avearment like. The sale proceedes will be used for the benefit of the minors and to protect the interest of the minors. There is a format, in that format only u will have to file petition.