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Kaushik Nandy (manager)     16 August 2012

Purchasing poperty belonging to adopted minor

I am wanting to purcahse one property which used to belown to Late M Roy who died around 10 years back leaving his son & surviving widow and two daughters , meanwhilc his son aopted on edaughter child who is now aged about 8 years, just few days back son of Late M roy died and subsequently his wife separated and have been married again. At this juncture, if I purchase the property , then two daughters & Wife of Late M roy is willing to sign Sale deed as vendor but do I need to have signature / consent of minor/ court order to transfer the property to my name , Point to be noted that the monir girl is being taken care by her grandmother i.e. wife of Late M Roy and being bought up in a home. Kindly advise course of action to purchase the property.


 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     16 August 2012

As the interest of minor is involved in property, it is better to ask the guardian of the minor to obtain court's permission before proceeding to sell the minor's share.  A minor cannot legally give any consent. If the transaction is beneficial for the minor, the court will give the permission which will be binding upon the minor even when he attains majority.

Kaushik Nandy (manager)     17 August 2012


Their family is very much needy and they want to sell of the property as early as possiable since running in financial crunch at this juncture taking court's order could be time consuming ( atleast 6 to 8 months)& cost consuming event so is ther any other way that undertaking before Chief Judicial Magistrate  or even a court order which would be less time consuimg .

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