vishal patange (Branch Manager) 24 October 2013

Minor's sahred property sale

A - Husband, B - Wife, C- minor daughter, D - Minor Son, M- Mother of ‘A’ and F- Father of ‘A’. They all are of indian origin. 'A' acquired a property situates in India (Aurangabad) for Apartment Construction and sale it.

'A' died intestate leaving behind B, C and D and M- Mother, F- Father as his legal heirs to succeed to the property in India. ‘A’ is having his Mother and father alive. (M- Mother and F- Father of ‘A’) Now Share in the said property is in the name of ‘B’ and her minor children, M-mother of ‘A’ and ‘F’ Father of ‘A’

Now B wife (mother of minor children C & D) of A, M- Mother of A and F- Father of A, wants to sell the property in India (Aurangabad). Please let me know whether court permission is needed to sell the minor's share in the property or not. Whether the provisions of Guardianship and Wards Act to obtain prior court permission to sell the property in the minor's name is applicable when only Share of minor comes? Succession Certificate is available.

If Court permission is needed then how much time it will take to get the same?

Vishal Patange

Banker

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 24 October 2013

The provisions of section 8 of the Hindu Minority and Guardianship Act, 1956 are devised to fully protect the property (.if a minor, even from the depredations of his parents. Section 8 empowers only the legal guardian to alienate a minor's immovable property provided it is for the necessity or benefit of the minor or his estate and it further requires that such alienation shall be effected after the permission of the Court has been obtained."

2. It was difficult, therefore, to hold that the sale, by reason of the fact that the mother of the minor respondents signed the sale deed and the grand father attested it, was voidable, not void.

T. Kalaiselvan, Advocate (Advocate) 24 October 2013

Advocate Ramachary has rightly opined the provisions of law in this regards. Firstly let me clarify that father of the deceased is not a class I legal heir of the deceased male hindu who died intestate hence he is not eligible for a share in his son's property while the class I legal heirs are available. Further, though mother is the natural guardian she also has got no powers to alienate the share of the property that devolves upon the minor heirs without prior permission of court of law and any transaction in this regard can be considered as voidable. You state that you have succession certificate, but that is a proof about successors to intestate properties only.