minor" doccumantation
Rajan Shashikant Patel
(Querist) 22 January 2011
This query is : Resolved
hi...
i m about to buy a house of a dead man.and now this house is in the name of his widow and two sons...where one son is under age (17 yrs. complete). now my question is can this under age boy enter in to the leagel doccumantation or / registry formalities ?
Khaleel Ahmed Mohammed
(Expert) 22 January 2011
Minor can not enter in the sale by him or her self, but the natural guardian can represent the minor , provided if the minor's property to be sold ,the natural guardian should obtain permission from the civil court.
adv. rajeev ( rajoo )
(Expert) 22 January 2011
No. Minor cannot in to any agreement, if you want to purchase property of minor, his mother will have to file petition under Guardian and wardship act in the Dist, court to obtain the permission to sell the minor's property.
Parveen Kr. Aggarwal
(Expert) 23 January 2011
A contract of minor to alienate his property is void and is not enforceable. It is mandatory to obtain prior permission from the court for sale of property owned by a minor. So, ask the widow to get permission from the court for sale of share of minor in the property.
Sri Vijayan.A
(Expert) 23 January 2011
The natural guardian of the minor, Mother, has to get permission from the court.
She has to convince the court stating all the facts that sale of the property is compulsory, otherwise life itself is tough to run.
If the court gets convinced, she may get permission to sell the property. the court may impose some conditions, for which she has to oblige.
After that u may/can enter into agreement for buying.
The expenditure for getting permission shall be borne by herself.
OR u simply wait for some months, he will attain the age of mjor.
Abhishek Marvi
(Expert) 24 January 2011
i agree with mr.kahlil and rajoo
