Rectify or change a registered sale deed
Querist :
Anonymous
(Querist) 27 September 2011
This query is : Resolved
The Sale Deed of the house is registered in my wife,s name and my daughters name who is a minor (14 years), I need to sell this house to buy another property near my daughters school, but am facing some problem because of my daughter being a minor..Can I get the Sale deed altered only in my wife,s name..If so...what do i need to do..
Thanks..
Sailesh Kumar Shah
(Expert) 27 September 2011
correction in sale deed is not legally possible. Title already with both. For sale, here is requirement of permission of DJ.
prabhakar singh
(Expert) 27 September 2011
Mr. Shah rightly speaks. you or your wife has no right to ask any correction in the sale deed ,the property as of now is jointly owned by you as well as by your minor daughter.
If you wand to sale it ,you need to apply for permission of sale from the DISTRICT JUDGE under Guardians and Wards Act.Your reasons ,as told by you,are valid and are in interest
of your minor daughter,and i believe ,permission would surely be granted to you as you propose to by a new property near her school which is beneficial in her interest.
Chanchal Nag Chowdhury
(Expert) 27 September 2011
No scope for correction. Obtain permission from DJ. Should not be a problem if U can show that it was U who paid for the property. If otherwise, some condition may be attached by DJ for the sale.
Raj Kumar Makkad
(Expert) 27 September 2011
Prior permission of court is required in the present matter.
Querist :
Anonymous
(Querist) 27 September 2011
Thanks for this information...Can you please advice me now as to what I need to do..what the court does after I file a request..how long this matter takes, I could do with a step by step guide..thanks
Sailesh Kumar Shah
(Expert) 27 September 2011
Consult local lawyer, he would apply DJ permission on your behalf. The DJ should be allow to sale for the benefit of your daughter.
Querist :
Anonymous
(Querist) 27 September 2011
How long does this court procedure takes..thanks..
Sailesh Kumar Shah
(Expert) 27 September 2011
Its depend upon pendency of other cases in the court.
R.Ramachandran
(Expert) 27 September 2011
Dear Anonymous,
At best it can take maximum 4-6 months. But when you cannot do without court's permission, even if it takes little longer are you going to give up your step? If your requirement to move nearer to your daughter's school is paramount, then without looking for the time line and all, please go ahead.
Querist :
Anonymous
(Querist) 08 October 2011
Thanks for this above information...I just visited a lawyer who says that because my wife inherited this sum of money from her father...that,s by selling her dad,s house...which has been left to her as per her dad,s will..after selling that house and with the money she got from that,she then bought this house and made the sale deed in her name and her daughters name..who is a minor...hence according to this advocate...she does not need to get a decree and can change the sale deed or sell this house without any complication...IS THIS TRUE or does she still need to get a decree from the civil court..
