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Kalaidasan   19 October 2015

Civil law - clarification

Dear sir, I would like to know 2 things 1)whether a property can be sold without assent of one of the party whom belongs to it? If the property has been registered so, then that one of the party can claim it? 2)Can a minor's property can sold having guardian certificate alone from the court? What are the procedures to be followed in selling such property?

Actual content has been described without names but in alphabettical letters. Kindly give me a reply whether i can appeal as it can be leggally or cannot claim as its illegal? If i take action, will I get benefit?



 7 Replies


(Guest)

i don't think that joint property can be sold without the consent of one owner  if both owners are adult.

 

if one owner is minor and another is adult, adult can sale it with the permission from the court. in court the adult has to show that the sale is for the benefit of the minor and that he is the minor's guardian or has obtained no objection certificate from minor's legal guardian.

 

minor's property can only be sold with permission of court. in court the adult has to show that the sale is for the benefit of the minor and that he is the minor's guardian or has obtained no objection certificate from minor's legal guardian. you have to apply to the court to obtain permission .

Kalaidasan   19 October 2015

sir, 

the property has been sold and registered.in joint party, one person is adult and he was out station at that time. the buyers and sellers didnt include his name anywhere in the registered document. but later from that joint party, seller got a sign from stamp paper stating he is willing and accept the sale on his own knowledge without further action towards it and tried for registration but it failed. under this situation, whether that joint party, can claim his share since leggally it was not registgered so far?

 

Kalaidasan   19 October 2015

Dear sir,

               for that minor share, they didnt get any approval from court regarding property sale except the one they got earliear as guardian certificate from court. No deposits were put in his name also. whether he can claim it? 

saravanan s (legal advisor)     19 October 2015

regarding minors share yes he can claim it

saravanan s (legal advisor)     19 October 2015

as far as the joint property is concerned the person whose share was sold without getting consent can file a suit for declaration and posession

Kalaidasan   19 October 2015

Dear sir, 

thank you for your reply. I would like to know few things.

If both  cases minor and joint party dispute belongs to a single property, how to appeal? either both in a single file petition or individual for minor and joint party?

also, the property sold at 2003. whether the period will be problem  for appealing a suit against the buyer?

Kalaidasan   20 October 2015

kindly tell me sir if approach to a lawyer, will i get benefit still? or time period may arise prob since property sold on 2003. 


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