Bank is absolutely correct that for sale of minor share in property court permission is required
2) apply to court for permission
3) mention that share of minor has been placed in fixed deposit in minor name
4)contact a local lawyer
Property with minor interest
Sir I bought a house site property, from Mr A. The transaction happend as explained below, i have talked with Mr A and settled the sale amount by account transfer to his account when he is alive and he has also withdrew the money from his account and before executing sale deed he has passed away through accident and we have executed the sale deed by Mrs B( wife of deceased), Mrs C (wife of decease) and Minor D (minor son of deceased represented by Mr B, To safe guard minor interest we have made a minor deposit and mentioned both the transaction in sale deed and now I have approached bank for loan and it was said that since there is minor interest the legal heirs has to obtain court permission to be obtained before the sale deed. I seek your legal advise for my situation.
Asked 7 years ago in Property Law
Religion: Hindu
7 Answers
Sir thank you for your response....is it possible for me to file in court after sale deed is registered....because I already bought the property and sale deed is registered
Asked 7 years ago
1) permission has to be obtained before execution of sale deed
2) you can cancel the sale deed with mutual consent then apply to court for permission for purchase minor share in property
1. It is true that the permission of the court has to be obtained by the legal heirs if there is minor interest in the property.
2. You can file a petition in the court by producing receipt showing the deposit of money into minor's account to safe guard the minor's interest and to condone for not obtaining permission of the court earlier.
Generally when a minor involved in title of any property permission from the court is necessary, but however the sale deed in your favor already was executed by the minor natural guardian and mother, an affidavit of the mother before notary can be admissible in bank / financial institution transactions.
1. How did he have two wives in the first place?
2. The property of a minor or a property in which a minor has a fixed and determinative share cannot be sold without seeking the permission of the Guardian Court. In your case the sale deed is illegal as the condition precedent to the sale was not met.
3. The existing sale deed can be cancelled by the Mrs.B and Mrs.C and thereafter a petition may be filed in the court to seek its permission to sell the property. Once the permission is granted then a fresh sale deed can be executed in your favour.
Wherever there is an involvement of minor interest in the property, the sale or any transaction in connection with the property shall have to undergo the legal process of obtaining permission from the court competent to sell the share of minor in the property. The vendor (legal heirs or guardian to minor) shall give an affidavit with documentary evidence before court while seeking permission, that the sale consideration amount pertaining to minor in the property now being sold has been kept as deposit and if required to be in the court deposit.
This affidavit would enable the vendor to obtain permission from court to sell the minor's share in the property.
..is it possible for me to file in court after sale deed is registered....because I already bought the property and sale deed is registered
The sale deed of the property if already registered then it may not be valid if permission from court was not sought before executing the registered sale deed.
However the court order now obtained may support as a ratification.