Itisha Puri 30 March 2023

Huf property purchase

Hi I am buying property from the land owner who is an HUF account..the agreement is between the owner, minors and us..he's not ready to get his wife involved in this as she has no signing authority.. although he's ready to give a noc which says wife has no objection on the sale of the property

I have applied home loan my team says wife ha to come n also once the minors become major they have the right on the property hence we need agreement from the court..but owner is not ready for this too..please give me suggestions how to go about it

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5 Replies

Real Soul.... (LEGAL) 30 March 2023

That is correct, the property of minors must have the permission from court for sale, and wife should sign sale deed even though you mention in sale deed about her property share.

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Itisha Puri 30 March 2023

Wife signature n court order he won't give...

Advocate Bhartesh goyal (advocate) 30 March 2023

Mother can nott sell Minor's property without prior permission of court so court's permission is essential.If you purchase Minor's property without court's order it would be risky and minor may challrngr such sale after attaining major.

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Itisha Puri 30 March 2023

If in the sale agreement he mentions minors have no right later as a clause..will it be considered? Is it safe then?

Shashi Dhara 30 March 2023

Wife means she is widow or her husband is alive ,if he is alive as he is natural gaurdian he has right to sell for minors benifit, if he use the money for illegal purpose or vagabond or careless , then wife can seek court for stay not to alienate it before selling it .so verify it .

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