Meenakshi Vijayanand (Advocate / Law Firm) 25 November 2009

MINOR PROPERTY COURT PERMISSION

A - Husband, B - Wife, C- minor daughter, D - Minor Son They all are Canadian Citizens but person of indian origin. 'A' acquired a property situates in India from his father. 'A' died intestate leaving behind B, C and D as his legal heirs to succeed to the property in India.

Now B wife of A, mother of minor children C & D wants to sell the property in India. 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 to foreign nationals or not?

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9 Replies

Dirgesh kumar sharma (Advocate) 25 November 2009

Yes, minor 's Property permission by court is applicable.

Y V Vishweshwar Rao (Advocate ) 25 November 2009

The Parties are Hindus !

They are Indian origin

The Proeprty is in India - indian Law Will apply to the property and its sale/Transactions !

Meenakshi Vijayanand (Advocate / Law Firm) 26 November 2009

The parties are Muslims. Whether the provisions of Guardianship and Wards Act regarding court permission to sell minor's share applicable to them ?

Srinath Kondapally (Advocate) 30 November 2009

'B', the mother of minor children firstly has to apply to court declare herself as guardian for her minor children and after her declaration , she can get permission from court to sell such minors property with sufficient proof stating that such alieanation is for the benefit of her minor children

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 04 December 2009

I agree with Srinath Kondapally, apart from which the court would direct you to go for paper publication,and wait for to see if any objection is filed by any intrested persons.

Jessica S (HYTHYTN) 05 December 2009

Originally posted by :Meenakshi Vijayanand
"	A - Husband, B - Wife, C- minor daughter, D - Minor Son They all are Canadian Citizens but person of indian origin. 'A' acquired a property situates in India from his father. 'A' died intestate leaving behind B, C and D as his legal heirs to succeed to the property in India. Now B wife of A, mother of minor children C & D wants to sell the property in India. 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 to foreign nationals or not?	"

Thanks you for the post.

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Srinath Kondapally (Advocate) 05 December 2009

Yes, the provisions of Guardianship & wards Act is applicable, for which the property and persons belongs to India, hence court prior permission is must.

Srinath Kondapally (Advocate) 05 December 2009

Yes, the provisions of Guardianship & wards Act is applicable, for which the property and persons belongs to India, hence court prior permission is must.

Srinath Kondapally (Advocate) 05 December 2009

Yes, the provisions of Guardianship & wards Act is applicable, for which the property and persons belongs to India, hence court prior permission is must.