Property gifted from husband to wife with minor nominee

Querist : Anonymous (Querist) 08 January 2018 This query is : Resolved
Hi All,

I wanted to buy property with following description

1. property purchased jointly by husband and wife with (50:50) share.
2. After that there was dispute between husband and wife and they took divorce
3. In settlements husband gifted his 50 % share to wife and mentioned his minor child as nominee and also mentioned divorce P.A. no in gift deed and added condition if property sold keep 50 % amount on minors name as fixed deposit.

1. What is the legal procedure to buy such property?.
2.Is court permission required to sale the property in this situation?
(because minors name is not mentioned in git deed in first page)
3.Can minor claims property once he become major ?

Please advice

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Vijay Raj Mahajan (Expert) 08 January 2018
No proper advise can be given like this unless complete case file studied. You're not mentioning completely the details of settlement reached between husband and wife at the time of divorce properly.
If property was jointly owned by both with 50:50 share how 50 % share of husband distributed.
What sort of gift deed made between both.
Was the gift deed properly registered.
You ask queries with half baked facts and seek proper legal advice and that too free of cost.

Querist : Anonymous (Querist) 08 January 2018
Thanks for the quick reply and sorry for the short information .
1. Yes gift deed is made and registered.
Property was jointly owned by both with 50:50 share and husband transferred his 50% share to wife by doing registered gift deed in the name of wife and mentioned minor son will be nominee also divorce petition no is mentioned in the gift deed to follow the terms and conditions and in divorce petition condition mentioned that if in future property sold then 50 % amount should be kept in the name of minor son as fixed deposit and mother will be guardian for that Fixed Deposit.
Concern is that as mother is guardian and she has all rights about the fixed deposit , so if she misuse the money can son claims the property once he become the major?

Vijay Raj Mahajan (Expert) 08 January 2018
So now things seems to be clear. The Gift Deed of 50% share of husband to wife makes her 100% owner of the property that you are going to purchase. As far the terms and conditions of the settlement deed between both husband and wife is concerned the share of money for the minor child is concerned that is non of your concern.
You can buy the property by sale deed which will be duly registered and conveyed to you.
What the ex-wife does with that money is her concern viz a viz her ex-husband and minor child's share issue has to be taken care by them not you.
As far the claim of share by the minor child on becoming major is concerned that is against his parents not you. You have nothing to do with them as this becomes your property after all the sale process are complete.

Querist : Anonymous (Querist) 08 January 2018
Thanks a lot sir for your valuable advise.

Kumar Doab (Expert) 08 January 2018
AQ so NO reply.

Kumar Doab (Expert) 08 January 2018
Pls post with your ID and you can get many replies……………..

ID does not necessarily mean your email id or phone number. You may not post these.

kavksatyanarayana (Expert) 08 January 2018
sorry. deleted message.

Guest (Expert) 08 January 2018
Right advice possible only after detailed examination of the gift deed.

Kumar Doab (Expert) 09 January 2018
IF you are still left with doubts, subsequent to post from Mr. Vijay Raj Mahajan that you have thanked also............

you may attach the said deed in new thread that you may post with your ID.
The Experts section does not have option to attach.
You may attach in Forum.

Remove/erase all names/logo/phone numbers/addresses/email id's/photos etc to maintain the confidentiality before you attach.

Or you may show all docs to a very able Senior Local counsel of unshakable repute and integrity specializing in Civil matters and having successful track record.....

Online discussions are not substitute to in person discussions with LOCAL counsel specializing in respective filed of law and considered opinion after examination of all docs/inputs ........

Spend quality time with your counsel.........
Also go thru profiles and threads under profile of Experts......

Property gifted from husband to wife with minor nominee

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