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nayaz (chartered accountant)     07 June 2009

minor property

A person has made a will in favour of his elder son, wife and grandson (who is minor and son of second son).  The two Sons and wife have made Joint development agreement with builder and constructed 16 flats out of which 2 flats have been alloted to minor's share of undivided interest in land.  I am planning to buy the flat that has come to the share of second son as per partition settlement deed between the wife and sons.  Am i safe in buying the flat considering that i am not buying the flats alloted to the minor's share


 3 Replies

A V Vishal (Advocate)     07 June 2009

Dear Nayaz,

Since the property is in the minor name, it is always better that an order of the court is taken, that the property is being sold for the benefit of the minor, else, in long run there could be problem.

Khaleel Ahmed (Legal Advisor)     07 June 2009


You have not mentioned the relegion of the person who has executed will. If he is non muslim, the will be valid. Ifthe person is Muslim, the will stands cancelled.

As per your information there is the share of on minor in the property. It is necessary for you to take the permission from the court., other wise the interest of the minor always be protected at any stage.

Y V Vishweshwar Rao (Advocate )     08 June 2009

Section 12 of Hidnu Minority and Guardains Act ;-

No Guardian can be appointed for Minor' 's  undivided interest in the Joitn Family properties when the proerties are managed by Adult  member of the Joint family !  

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