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Prakash (sdsdsd)     02 May 2012

Minor property rights - court permission

A,B,C,D,E  (Hindu family) Joinntly held property inherited from family.

The property was sold to F (Real Estate developer)  in october 2010.

During the time ,the sale was done,

1. C had minor daughter . This was mentioned in sale document and  her share was deposited in FD in a Bank which was also mentioned.

2.  D's wife was pregnat : This was mentioned in the document. But no mention of share for this child. 

The document has para where in the Guardians mention that this property is free from minor rights and any such issue if occurs the sellers are responsible.

As widely practiced rule,  F did NOT  force the sellers for court permission before doing the above transaction.

 

Now, F, wanted to sell the property by developeing this in to plots.

The individual buyers of plots from F , approached various adocates for legal opinion and the minor rights issue has come up.  Now , F says he is going for a court permission .  Latest news, as per his assistant is that, they got Court decree regarding this.

My question is

1. Is it possible to get such a court permission post sale ?

2. As you may see from the above, the minor rights issue is related to sale transaction between ABCDE and F.  If at all court decree is available , will it be safe to assume that, minor rights issue is a closed chapter or is this decree (given post sale transaction) can be contested by the minor later at a higher court.

 

 

 

 

 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 May 2012

Dear Mr.Prakash,

Having gone through the facts, I have the following to opine :-

1. The Foetus at it's very conception - acquired a right - if no share was alloted to the subsequently born child - he could sue for his share. 

2. If the property was ancestral HUF property - there is no requirement of prior court sanction - (the same applies for property exclusively held by Minor) The Net result is the transaction is valid in all respects. It can be challenged only on the ground that the sale was made not on account of a legal necessity or benefit of estate to the Jt.Family, and the burden would be on Alienee/The Builder to prove that he was satisfied that there was such need. If he does reasonably satisfy the court - the transaction stands.

3. No Question of obtaining court permission either before or after sale arises here for reasons aforementioned.

 

Regards,

Bharat 

Advocate Delhi High Court

1 Like

Prakash (sdsdsd)     04 May 2012

Thank you for your valuable inputs.

This is ancestaral property and and held jointly by family. The minors have undevided share.

So, as Adv Bharat mentioned prior court permission will not be required.

I would like to bring a related and recent info I got from web. May be useful to others.

https://ibnlive.in.com/news/no-bar-on-disposing-of-minors-undivided-share/250920-60-120.html

 

Regards


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