Minor's gift property can be sold by natural guardian father

Advocate

 

My friend's family got one ancestral property in 1934.  After some time, the property was partitioned among (1) Father and his 3 sons B,C & D.  Among the 3 sons, D was minor at the time of partition. After attaining majority the son D, has gifted his share of property to his father A, by gift settlement Deed.  After some time, the Father A, again gifted the same property to the children of "D".

Now, the said "D", propose to sell the property.  At this juncture, my question is (1) Whether D the natural guardian can sell the property of his minor children (directly gifted by their grand father) or (2) whether the natural guardian has to get prior Court permission for sale of the said gift property of the minor children, as a natural guardian? 

 
Reply   
 

No,'D' father of the minor children can not alienate the property without seeking the prior permission of the court. The gift is a mode of trnsfer and grand father of the minor chldren have made the absolute transfer of the  property to the minor.

 
Reply   
 


Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

For the welfare of the children, he can sold the property but with the permission of the court only.

Regards
adv.kamal.grover@gmail.com

 
Reply   
 
advocate

This question has been answered many time. father can only sell the property of minor children if the sale is for the benefit and welfare of children and if before selling he has taken permission from the court. if it is not taken then even after attaining the majority the child can challange such sale.

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Thanks charuji.

 
Reply   
 
advocate

WITH PERMISSION OF COURT  FATHER CAN TRANSFER MINORS PROPERTY FOR VALID REASONS

 
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practicing advocate

Minor's property cannot be sold by the father without the permission of the court.  Father has to take the permission from the court by filing G & W case, it is mandatory to show the necessity of selling the property of minor, otherwise no relief will be granted by the court/.

 
Reply   
 

agree with rajeev ji.

 
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advocate

u r always welcome Mr Subbu

 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Everybody give you the same answer that father need permission.

Now go ahead. Good luck

Regards
adv.kamal.grover@gmail.com

 
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