Minor property

pragya gupta (Querist) 02 January 2022 This query is : Resolved
Hello ,

Mere husband ki ek KDA me lottery ka plot nikla tha , jiski sirf ek - do kist gai thi
Fir husband ki death ho gai usk 2-3 sal bad maine poora Paisa jama karke plot apne naam free hold karwa liya
Mere inlaws ne hame ghar se nikal diya tha mere ded sal k bete k sath jisse ham mayke me reh rahe the
vo plot outer area me hai aur usme ham reh nai sakte hai isliye ham use sale karke doosri jagah makan lena chahte hai

But bete ka nam sath me hone k karan us property sale nai ho rahi hai loan approve nai ho raha jila judge ki permission mang raha hai

Kya kare plz advise ?

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A woman is seeking advice on selling a property that was in her deceased husband's name and is now jointly owned with her minor son. After her husband's death, she paid off the remaining instalments and freeholded the property in her and her son's names. However, her mother-in-law also has a claim as a Class I heir. Selling the property requires permission from the District Judge due to the minor's share, as per the Hindu Minority and Guardianship Act, 1956. The mother-in-law's consent or a relinquishment deed might also be necessary.

kavksatyanarayana (Expert) 02 January 2022
You and your child have rights over the property and your inlaws also and hence you file a suit against your inlaws for your share and your child share.

pragya gupta (Querist) 02 January 2022
Ham property ko sale kaise karen ?

Loan approval kaise milega kyon ki bank vakeel jila gudge ka approval mang raha hai

pragya gupta (Querist) 02 January 2022
Kya iske liye koi act hai ?

Jisse hame property ko sale karne right ho
Bina koi case file kare Bina

Advocate Bhartesh goyal (Expert) 03 January 2022
Since ownership of your plot vests in you and your minor son so property can not be sold without permission of District Judge.Engage a prudent lawyer who will do needful action in this regard.

P. Venu (Expert) 03 January 2022
The property has jointly devolved upon you, your child and mother-in-law. Minor's could be sold, the buyer willing. However, the minor has the discretion to repudiate the sale on attaining majority.

pragya gupta (Querist) 03 January 2022
Kis act k though ham sale kar sakte hai minor ki ? Jabki doosri jo property isk against khareed rahe usme bhi bete k Naa dalne ko ham razi hai

Mother in law ka property me naam nai hai

P. Venu (Expert) 03 January 2022
Your mother-in-law is a Class I heir to your husband. It is immaterial that property is not in her name.

The power of the natural guardian to alienate the property of the minor is circumscribed by the provisions of the Hindu Minority and Guardianship Act, 1956:

8. Powers of natural guardian.—
(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without the previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or

(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or by any person claiming under him.

(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in the case of necessity or for an evident advantage to the minor.

(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular—

(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof;

(b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and

(c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.

(6) In this section “court” means the city civil court or a district court or a court empowered under section 4A of the Guardian and Wards Act, 1890 (8 of 1890), within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.

Dr J C Vashista (Expert) 04 January 2022
Very well analysed, explained and advised by experts, I fully agree.
You will have to seek permission of District Judge for sale of share of your son.
However, your mother-in-law has also a share, she may or may not agree to sell it.
Consult a local prudent lawyer for better appreciation of facts and professional advise.

pragya gupta (Querist) 08 January 2022
Sir
Is property me sirf ek ya do kist Approx only 30-40 thousand hi mere husband me bhari thi
Usk bad ghar me father in law se mere husband ki ladai ho gai thi

Jiski vajah se aage ki kist nai jama ki
Fir unki death k bad maine Sara Paisa Jana kiya kareeb 5-6 lac
Jabki unhone 1 rs diye Bina hame aur mere bache ko ghar se nikal diya tha
Meri poori kamai 6-7 salo ki isme lag gai
Kyonki udhar le kar hamne Paisa jama Kiya tha udhar chukane me , fir ise free hold apne aur bete k naam karwa liya tha

Kya is condition me bhi mother in law ka koi haq hai ?

Dr J C Vashista (Expert) 09 January 2022
Please appreciate the fact that the property was on loan consequently legal representative of deceased shall have to share of loan.

P. Venu (Expert) 09 January 2022
The property stood in the name of the husband at the time of his death. Yes, it could be that the was vested with you if you had paid the consideration. However, this is a disputed question of fact which needs to be decided and declared by the competent court. A civil action is bound to exhausting in terms of money and resources and outcome, uncertain.

Of course, you have option to convince your mother-in-law and get a relinquishment deed in your favor. In the absence of such a declaration from the court or a relinquishment deed executed, your mother-in-law needs to be a signatory to the conveyance deed.

pragya gupta (Querist) 04 February 2022
Sir

Kya iski court fee bhi lagti hai ?

Local vakeel property ka 10 % mang rahe hai
Bol rahe ki civil me jayega UP government opposite party banegi and iski 10% court fee lagegi

P. Venu (Expert) 04 February 2022
Court fee varies from State to State.

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