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Is it necessary to obtain court permission to mortgage the property of minors

The mother purchased the property and mortgage the property properly for its purchase.... during the pendency of the loan mother died.... her husband and two minor children became legal heirs and joint owner of the property... for extension of the house the father wants to mortgage the property... is it possible... if yes any order from the court needed for mortgage the minor share also? 


 3 Replies

Dr. J C Vashista (Advocate )     16 April 2024

Yes, court permission is required before mortgaging share of minor(s).

Mr. Sumitra kumar (Advocate)     16 April 2024

Has the property been already mortgaged? Did you get "No Objection" from the bank?


Thank you.

T. Kalaiselvan, Advocate (Advocate)     16 April 2024

For any kind of alienation of the  property involving the minor's interests, permission of court of law is to be esentially obtained. 

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