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Manish (Manager)     27 April 2014

Hind minority and guardianship act

Hi,

I am planning to buy one property in Mumbai, Maharashtra. The property is in name for Husband and Wife. In year 2013, husband died in an accident. Wife wants to sell the property. She has two minor daughters, 2 years and 10 years old respectively. I came to know that as per Hind Minority and Guardianship Act, wife needs to take permission from Court to sell property stating that property is being sold for the benefit of minor. Wife is resident of Gujarat and immovable property is in Mumbai, Maharashtra. Can she take permission from Gujarat high court instead of Maharashtra?

Thanks in advance!



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     27 April 2014

No, she has to take order from the place where property is situated.

bhagwat patil (Property due diligence 9422773303)     28 April 2014

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 realization, 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 sub­section (1) or sub­section (2), is voidable at the instance of the minor or any person claiming under him. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub­section (2) except in case of necessity or for an evident advantage to the minor..form the court of  either the property located or the residence  of the minor

Manish (Manager)     28 April 2014

Thanks Mr. Raghavan and Mr.Patil for your inputs !! Appreciate it !!

Am I missing any other procedure here? (other than count permission)

Thanks,

Manish

Manish (Manager)     29 April 2014

Am I missing any other process? Can someone help me with information?

Thanks,

Manish

Manish (Manager)     04 May 2014

Hi,

I heard that there are some provisions given to widow. Is there a provision given to widow to get permission of count which is out of Jurisdiction? (from Gujarat instead of Maharashtra)?

Thanks


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