Sell minor's share in self acquired property without court .
Sohail Bhai Khan
(Querist) 10 June 2018
This query is : Resolved
Respected board of lawyers,
How to sell my self acquired (purchased) property jointly registered with my wife & my minor 2 kids as co-owners without court permission ?
I am a resident of kolkata. In march 2017 i purchsed a property consist of land & building in kolkata and i paid the full consideration of registered sale deed from my own funds without any loan. I have mentined myself (as self purchaser) + my wife + 1 minor son + 1 minor daughter as vendors/owners of the said property. Mutation is also done in all 4 names of my family members.
Now i need immediate money to support my business. Me and my wife decided to sell the property. We are staying in a different property owned by me (no one is staying in the property that we intend to sell).
Now when we tried to sell the property, buyer is asking for court permission for minors. We consulted local lawyer but he said that it will take minimum 1 year to get the court permission. If i do not support my business with money then i have to close my business, so please mercy on my family and give legal opinion how to sell our property without obtaining court permission. If my business is closed then i have no other alternate of surviving with my family. Me & my wife are ready to give any sort of undertaking but help us to sell the property legally (protecting buyers interest).
Please mercy on my family.
Thanking you.
Ms.Usha Kapoor
(Expert) 10 June 2018
A guardian, here the father can't sell the property in the name of minor without court permission.
Your lawyer was correct in saying that in order to get court permission you need 1 year approximately.This is the only route you can dspose of minor's property. Another route is for legal necessity you sold off minors property in which case court permission is not required. After all this is your self acquired property.
Ms.Usha Kapoor
(Expert) 10 June 2018
There is no necessity to obtain permission under Section 8 of the Hindu Minority and Guardianship Act, as the suit properties are not the separate properties but the joint family properties. When the property sold as the joint property it can be sold for legal necessity for which the permission of the Court is not required.
Guest
(Expert) 10 June 2018
Court's Permission to sell the Minor's Share is mandatory '
Guest
(Expert) 10 June 2018
Discuss with a Good Senior Advocate of your place and request him to Plead for urgent hearing in the Court justifying it with Valid reasons.
Guest
(Expert) 10 June 2018
Buyer is right in asking you to take court's permission of the court. All depends upon the buyer, if he is ready to take risk. If not, better seek some other buyer.
Guest
(Expert) 10 June 2018
Buyer is right in asking you to take court's permission of the court. All depends upon the buyer, if he is ready to take risk. If not, better seek some other buyer.
Guest
(Expert) 10 June 2018
Buyer is right in asking you to take court's permission of the court. All depends upon the buyer, if he is ready to take risk. If not, better seek some other buyer.
Guest
(Expert) 10 June 2018
Your local lawyer has not advised you wrongly. Even if you consult some good senior advocate, unless he makes false promise, he may also not ensure to get you the court's permission within days or one or two months. Once you go to a court, it is not in the hands of any lawyer to make the proceedings of the courts directed as per his sweet will by overlooking other formalities and compulsions of the courts.
Guest
(Expert) 10 June 2018
Your local lawyer has not advised you wrongly. Even if you consult some good senior advocate, unless he makes false promise, he may also not ensure to get you the court's permission within days or one or two months. Once you go to a court, it is not in the hands of any lawyer to make the proceedings of the courts directed as per his sweet will by overlooking other formalities and compulsions of the courts.
Dr J C Vashista
(Expert) 11 June 2018
Consult some other local lawyer for better clarity on the subject, however, you can dispose off share of minor(s) without permission of the court.
Sohail Bhai Khan
(Querist) 12 June 2018
Respected board of lawyers,
Thanks for sparing your valuable time. I can see there are much difference of opinion.
Please elighten wirh your expertise & knowlwdge on the subject matter.
Awaiting your early expert reply.
Thanking you.
Sohail Bhai Khan
(Querist) 12 June 2018
Respected board of lawyers,
Thanks for sparing your valuable time. I can see there are much difference of opinion.
Please elighten wirh your expertise & knowlwdge on the subject matter.
Awaiting your early expert reply.
Thanking you.
Guest
(Expert) 12 June 2018
Selling of property of minor for the purpose of financing the business needs of the father cannot be said to serve the interest of the minor. So, permission of the court is quite necessary.
Shashikant V. Patil
(Expert) 25 June 2018
I agree with a views of Ms. Usha Kapoor, if the minor's property is common and undivided their and they are under the protection of Guardian i.e. to say Mother and Father , they can sell the property without obtaining court permission as cause shall be shown for legal necessities as education and welfare of the children can be mentioned. If the property is solely in the name of minor, then permission of court is necessary to sell it.
