PROPERTY SIGNED BY MINOR
RAMGOPAL DUTTA
(Querist) 18 January 2010
This query is : Resolved
Dear Sir,
I would like to purchase a property for residential purpose. Earlier the Developer has taken the 12.30 Acre of Land from the farmers. Total land was more than 15 farmers. All are signed on the sale Deed. But two more minor candidates also singed on the sale deed. But as a minor their natural guardian mother has signed. Till all minor candidates are not more than 22 years of age. Now if i purchase the same land from developer is there any problem from minor side.
Kindly confirm me.
Thanks and regards,
R.Dutta
niranjan
(Expert) 18 January 2010
I do not think that there could be any problem,but according to law the mother should have obtained permission from the court if the property sold belonged to minors.Actually it is the developer who purchased the land and not you.you are purchasing from the developer and not from the mother etc.
sanjeev murthy desai
(Expert) 18 January 2010
As per my view there is no problem.
Minors are represented by their natural gaurdian mother and she has signed in the title documents as a gaurdian. In the indian laws under father and mother are natural gaurdians and as such gaurdians, there is no require to get the such permission from the Hon'ble Court to the sell that Property.
In your case there is no problem. You can buy that property from Developers.
You just check there is any legal neccessity clause to sold the property to the Developers in the subject sale Deed.
Anish goyal
(Expert) 18 January 2010
If minors r hindu then permission is mandatory. And as you knowing this fact that permission is not taken then also you r not a bona fide purchases. So i will not suggest you to go for the deal
Y V Vishweshwar Rao
(Expert) 18 January 2010
1- The Property of Minor to be divided in two parts -
i Minors interest in HUF Property Manged by Kartha / Adult Member /Manager of the HUF needs no permisison for sale of the Minor interest in the HUF Properties
ii Minor's exclussive/individual proerty ( other than HUF interest ) Court permission for sale by the Guardian is required
iii The sale of individual Minor property by Guardian , with out Court permission , minor after attaining majority , can ratify/Confirm the sale made durign his minority.
iv) Minor after attaingn Majority, within the time allowed under law , has not taken any legal steps against the Sale ?
The above facts to be considered!
Sachin Bhatia
(Expert) 24 January 2010
It is better for you if they obtained permission from the court to sell the share of minor.
