I have bought a commercial property 10 year back with my house wife . It was my money only . Ratio of ownership is 80% of mine and 20% of wife Now my wife is dead and my both children are minor Now I want to sell my property What documents I required Is SMC is mandatory? Do I required court permission to sell my property? Pls suggest
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What documents I required and what is the process
On your wife demise her share in property would devolve on you and your minor children
2) apply for mutation of property in name of legal heirs
3) enclose wife death certificate
4) latest receipt of payment of property taxes
5) if no objections are received mutation would be done in name of legal heirs
6) you need court permission to sell the property
Act as mentioned herein above
1. after the sad demise of your wife, you & minor children are the owner as legal heirs in relation to the said property,
2. the 20% share of your wife will be devolve among you & the children,
3. you being the natural guardian of the minor children, can take care of their share, however, to sale the property you are required to take permission from the Court,
As the said property 20 percent belong to your wife and children are the shareholders of wife. You need to seek court permission under guardian and wards Act to legally sell the said property
1. If it were to be a joint tenancy property, then on the demise of your wife, her 20% share in the property devolves to the survivor of joint tenancy, i.e., you. In this situation, your children will not have any rights over your wife's 20% share.
2. However, if it were to be " Tenants in common", then on the demise of your wife, her 20% share in the property devolves equally to her legal heirs, i.e., you and your children.
3. To know exactly as to under which of these clauses the property fits in, we have to look into the recitals in the deed, when both you and your wife bought the property. However, if there is nothing in the recitals regarding joint tenancy or tenents in common, then the tenets in common prevails.
4. Assuming that "Tenants in common" is the indication to be followed, then you have to obtain competent Court's permission to sell minors' share in the property, the necessity for selling, and how the proceeds will be used for welfare of the child/children, their education, etc..
5. Documents required are property documents, birth certificates of your 2 children, background of their current education, your wife's death certificate, etc.
The property of a female Hindu dying without a will shall devolve upon the sons and daughters and the husband. So 20% of the wife's share in the property distributed to among you, your minor child's.
As per the provisions of the Hindu Minority and Guardianship Act, 1956, any property or share in property owned by a minor, cannot be sold or disposed of by the natural guardian of the minor, without taking permission from the court. For obtaining the permission, the guardian of the minor has to make an application before the district court. Any sale of a property owned by the minor by the guardian, without the permission of the court is voidable at the option of the minor on becoming a major. The fact that the sale of the property was made for the benefit and meeting the cost of maintenance of the minor, will not make the sale ipso facto legally valid.
The same time your 80% undivided share can be sell any time .
Yes, you need to obtain court permission for minor share in the property now, and legal heirs certificate as well.
You have apply in the district court.
1. You need seek permission from the court to sell minor's share in the property.
2. The 20% share of the wife is to be mutated in govt. Records in your name and your kids name keeping you as guardian.
The share of your deceased wife in the property shall devolve equally on all her legal heirs i.e., you and your minor children.
You cannot become the absolute owner of entire property.
Your minor children are entitled for their legitimate share in the property.
Even though you may be a guardian to your minor children, you have to obtain permission from court of law to sell the share of property of your minor children.
Therefore you file a petition before a court competent seeking permission to sell the share of your minor children in the property for a valid and reasonable reason you may rely upon to convince the court.
You require the death certificate of your wife, legal heirship certificate of your deceased wife, the identity proofs of all, the original title documents and other relevant documents, you will be informed about other documents when you approach the authorities in this regard.
1. IF you can irrefutably prove via Documentary evidence that you solely financed the property, THEN you are classified as the "OSTENSIBLE OWNER" u/s 41 of the Transfer of Property Act. This must have been reflected in your own income tax returns.
2. The above is irrespective of putting 20% share in Wife's name, wherein you might have included Wife's name for convenience or due to affection.
3. By virtue of above, you can entitled to Sell /Gift /Transfer /Donate /Mortgage /whatever.... with your property, without any legal reference to ANYBODY or any other Court Order.
4. IF all above is not true, THEN you will have to obtain a Court Order to Sell the 1/3rd each of Minor's share ratio of property that would have gone to the minor children from the share of Mother. You are entitled to 1/3 rd share of your Wife.
Court permission is not required but a legal heir Certificate is required
As your children are minor and they have shared in the property, hence you have to file an application before the court and get permission or you may file a declaration suit for the appointment of a guardian of the minor children and then get permission to sell the property. without court permission, you cannot sell the property legally
Your children are share holder in the property so to avoid future legal complications obtain court order.
Sir after the demise of your wife, you become the absolute owner and as u said the the children are minor, You will not require any court permission.
You just require the property documents,such as sale deed and your address proofs
DEAR SIR,
You are required to have legal heir certificate and then get the property mutated on your name and then you will be able to do any with that property including the sale.
- Since the said property was purchased in the name of you and wife , then this property is considered as self acquired property , and both having to transfer/sell the same without the consent of children.
- But , as your wife died without leaving a WILL , then her share 20% would be devolved upon you and both the children equally.
- Further , as both of them are minor , then legally without getting a court order , you cannot sell their respective 1/3 rd share in the property .
No worries.
No court permission and suits before the Court.
You need your Original property purchase agreement between you, wife and Builder, death certificate of your wife,birth certificate of your minor child and affidavit of declaration of your family consisting of wife and two minors would suffice your purpose.
obtain Legal certificate from court and mutation of property been done in name of legal heirs.
you are required court permission to sell said minor's property share.
1. You need to get share of wife transfer on name of her legal heirs that is you and your children.
2. Apply for her legal heir certificate and then mutation after getting legal heir certificate.
3. After mutation you need to file petition for granting permission for sale of share of minors which they inherited after death of their mother.
No it is not necessary.
No you don't. The property belongs to you and your children have a share but they are minor hence you are their guardian.
Transfer the property to your name through death certificate and other sale deed etc.