Gift deed about minor
Akshata khan
(Querist) 13 June 2010
This query is : Resolved
I have a property which was in name of two brothers my dad & his brother,my dad passed away so his part stays with my mom my brother & with me ( we both are major).now recently uncle passed away leaving two minor sons & his wife.As an family settlement we r entitled to get tht property so can an minor gift it to my mom?? I dont want to show it as my aunt selling it & mom buying it as we don't have tht much liquidity to give money in taxes.Is there any other solution to it & not much expensive?
Raj Kumar Makkad
(Expert) 13 June 2010
The property of minor cannot be disposed off without obtaining the permission of civil court so minor through their mother should obtain such permission and thereafter their mother on their behalf on the basis of due permission obtained through court can alienate their property either through making gift, family settlement etc.
Devajyoti Barman
(Expert) 13 June 2010
First of all you are entitled to get your uncle's property unless it was jointly owned with your father.
And yes transfer by a minor without the permission of the court is voidable transfer as the minor after attaining majority can challenge such transfer.
