Permission from court
Ashok Kumar
(Querist) 29 November 2011
This query is : Resolved
Dear Experts,
Couple of months back I have taken a open land property on behalf of my name. At the time of registration, every one in their home (who sold this property to me) signed in sale deed (4 majors, 1 Minor).
Last week I have applied for a bank loan to construct a house in that property. The bank sanctioned the required amount but with one condition i.e. they are asking permission from court because of one minor had signed in that sale deed.
We didn't know this process at the time of registration. So, could someone please advice me on this process.
Thanks in Advance
Devajyoti Barman
(Expert) 29 November 2011
The bank is very much right as transfer of a minor's share without the permission of the court is voidable agreement at the option of the minor on his attaining majority.
To cure the defect yoy though can still apply for necessary permission from the court.
Ashok Kumar
(Querist) 29 November 2011
Hi,
Many thanks.
Could you please let me know the procedure for this.
Regards
Rajeev Kumar
(Expert) 29 November 2011
Contact a local lawyer he will do the needful
Advocate M.Bhadra
(Expert) 29 November 2011
The deed which was earlier executed by the sellers is void.However you can ask the seller to file a case in District Judges Court for necessary permission to sell the share of the minor's property,after obtaining the said order they can execute a Rectification Deed in your's favour.Failing which you can file a criminal and civil suit against the seller.
Raj Kumar Makkad
(Expert) 29 November 2011
A share of minor cannot be sold without the due permission of concerned court.
M/s. Y-not legal services
(Expert) 30 November 2011
yes am also agree with that., you can not do that with out court permission.,
just calculate the minor share amount from the consideration amount., and deposit it in the name of minor as f.d.
then you can.,
Shailesh Kr. Shah
(Expert) 02 December 2011
It is to be noted that Minor shall not sign sale deed.
You have to take permission of DJ and get fresh execution of sale deed of minor.
prabhakar singh
(Expert) 02 December 2011
Dear author Ashok Kumar !
your second query seems lost in reply of the earlier.
An application for permission is required to be moved before the District Judge by the natural guardian of minor ,who would be his father,in case father is not there,mother would be treated natural guardian,under the provisions of Guardians of Wards Act showing the need of minor.
And after obtaining permission you shall have to get another fresh sale deed executed by the guardian in whose favor court has granted the permission to cure the legal defect.
Better you engage a local lawyer so that all required moves properly.
These sort of things should be diligently done.You did not prefer to consult a lawyer
so now you have to cough out double registration fees and extra stamp duty and several sundry costs to cure the defect crept in your earlier deed.
A minor on his own can not enter into any contract and his guardian can not sale his property without the permission of court is the law.
Ashok Kumar
(Querist) 09 December 2011
Dear Experts,
Many Thanks for all your suggestions.
I have contacted a local lawyer, as you people said, he's also telling the same that now it's not possible to take the court permission from DJ because this sale deed got executed couple of months back (nearly 1 year).
The other thing he told that you can do this but you have to execute a fresh sale deed again, which I don't want to do.
Can I do the same what Minansu Bhadra sir suggested or anyother option.
Request all to advice me on this.
Thanks in Advance
Ashok
