Rectification or change in sale deed which includes a minors name
Querist :
Anonymous
(Querist) 11 October 2011
This query is : Resolved
Thanks for the information earlier given by you all about the above subject..I took your advice and visited a lawyer for the purpose of getting a decree...but this lawyer says that because my wife inherited this sum of money from her father...that,s by selling her dad,s house...which had been left to her as per her dad,s will..after selling that house and with the money,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( as the money is her inheritance )...IS THIS TRUE or does she still need to get a decree from the civil court..
ESTHERPRIYA
(Expert) 11 October 2011
Yes it is true When the title devolution is clear where is your scope of questioning the same
Shailesh Kr. Shah
(Expert) 11 October 2011
please provide link of previous thread, so we can answer.
Sankaranarayanan
(Expert) 11 October 2011
yes i agreed with both experts answer.
Querist :
Anonymous
(Querist) 11 October 2011
I posted this same question on the 8 Th of October..but i don't know as to how I can show you that link...Do I now believe that I can go ahead and sell this house without any Decree...and there wont be any problem while transferring the registration to the new owner, that's at the registrar office..
Shailesh Kr. Shah
(Expert) 11 October 2011
Just open that thread and copy url and paste in this thread.
Querist :
Anonymous
(Querist) 11 October 2011
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..
correction in sale deed is not legally possible. Title already with both. For sale, here is requirement of permission of DJ.
Querist :
Anonymous
(Querist) 11 October 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.
Querist :
Anonymous
(Querist) 11 October 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.
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
Querist :
Anonymous
(Querist) 11 October 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) 11 October 2011
Do I now believe that I can go ahead and sell this house without any Decree...and there wont be any problem while transferring the registration to the new owner, that's at the registrar office..
prabhakar singh
(Expert) 11 October 2011
WITH OUT ANY DOUBT IT IS A REPEATED QUERY,I REMEMBER I ADVISED YOU TO GO FOR PERMISSION FROM DISTRICT JUDGE UNDER GUARDIANS OF WARDS ACT BUT YOU ARE REPEATING IT TIME AND AGAIN MISUSING THE PURPOSE OF FORUM AND CONSUMING TIME OF EXPERTS PREVENTING OTHER AUTHORS TO GET ATTENDED.THIS WHY EXPERTS ARE OPPOSING ANONYMITY.
Querist :
Anonymous
(Querist) 11 October 2011
I am sorry if you feel that I am wasting your time..its a valid question I had asked..that is I took all your advice and visited a lawyer..but according to him...my wife does not need a Decree...as she inherited the money from her dad,s house...that,s by selling the house...which he left her in his will...with that money she bought this house and made the sale deed in her and my minor daughters name..Hence I am asking you all whether she still needs this DECREE to change the sale deed or can we sell this house without applying for this decree..that,s all..otherwise I will get another lawyers and apply in the civil court for this decree..
prabhakar singh
(Expert) 11 October 2011
NO DECREE HAS TO BE APPLIED,AS PROPERTY SHALL BE DEEMED TO BELONG 1/2 TO YOUR MINOR DAUGHTER,NO MATTER FROM WHICH MONEY AND WHO PURCHASED IN HER NAME.
IF A BUYER IS READY THEN YOUR WIFE CAN SALE IT EVEN WITHOUT ANY PERMISSION ADVISED BY YOUR WIFE ON HER BEHALF AND BY YOU AS NATURAL GUARDIAN OF YOUR DAUGHTER.
BUT OFTEN BUYER INSIST FOR PERMISSION THAT IS WHY IT WAS ADVISED.
NO RECTIFICATION CAN BE MADE AS BEING MISCONCEIVED BY YOU OR YOUR ADVISER.
Querist :
Anonymous
(Querist) 11 October 2011
Thanks..that,s all I wanted to know..
