Construction in proprty in minor's name

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
Dear Sirs,

One of my friend has her minor son owner of a land and home ( by gift deed of grandparent ) and she( mother ) is the legal guardian mentioned in that deed.

Now she wants to go in a JV with a promoter for that land and house to be developed as flat building.

She doesn't want to make any change in deed as insisted by promoter. She came to know there is a way like if the guardian get a "court order" for that promoter then this will help promoter to develop. but the promoter is not totally accepting this fact. Promoter likes to change the deed to guardian's name (rectified deed ) instead of "court order"

Please advice. If "court order" is the right way / cost effective way / easiest legal way to get this construction done with that promoter.

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Guest (Expert) 08 November 2011
since the property is of the minor one under guardian and wards act the mother has to get permission on these aspects. This will not take much time around two or three months in maximum. prepare the deed conditions with a local lawyer.

prabhakar singh (Expert) 08 November 2011
To deal with minors property it is desirable
and also in the interest of the promoter that permission for jv is taken under guardian of wards Act from the District Judge.

BUT when promoter himself is not worried on this issue then if terms of JV desired is lucrative to land owner side,entering into JV is not harmful.

However it must be taken care of that by JV

THE LAND OWNERS I MEAN GUARDIAN OF THE

MINOR[THE MOTHER SHOULD PREFIX THE

PERCENTILE OF SHARING AND EXCEPT

CONTRIBUTION OF LAND NO OTHER OBLIGATION

SHOULD BE UNDER TAKEN AT ANY COST.ALL

OBLIGATION EXCEPT THE LAND SHOULD BE

BURDENED UPON THE PROMOTER AND THERE SHOULD

BE TERM OF WITHDRAWAL OF THE AGREED

PERCENTILE PERIODICALLY.

sanjeev murthy desai (Expert) 08 November 2011
I agree with Mr. Ganesan.

prabhakar singh (Expert) 08 November 2011
AN ADDENDA : THE DEFECT IF PERMISSION IS NOT

TAKEN ::

THE MINOR ATTAINING THE AGE OF MAJORITY SHALL

HAVE RIGHT AND OPTION TO EITHER ADMIT THE

CONTRACT ENTERED INTO BY GUARDIAN OR TO

REPUDIATE THE SAME BY LAW SUIT.

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