Minor grand children have no rights in the property
2) if minors had share in property father would need court orders to sell their share in property
Dear sir i planing to buy a property from persons which are joint owners is (MOTHER AND 2 SONS )vendors got allotment through bangalore development authority (bda) first they had a agriculture land and got aquried by bda for development of plots.as per the rule of bda has issued a compensation of some rupees and a plot of 600 sq ft both to vendors and now joint vendors have 2 son and first son is not married and second son is married (when BDA alloted plot in name of mother and two sons ) and he has 3 children which are minors so my questions is if children has rights,how should i consider case and in what format should in do sale deed, or can I take natural gaurdian as father and mother for minors and take thumb impression or photo or signature in absolute sale deed or minor does not hold any, rights, share, interest,in property what if they become major after some years and claim a property can children challenge in court please guide me how to get absolute sale deed as per law in future don't want get in trap ofcourse anything can be challenged in court I can't make stop but still I think u people understood my case and I think u will help me thank you
Minor grand children have no rights in the property
2) if minors had share in property father would need court orders to sell their share in property
Any sale of immovable property of which minors are owners cannot be purchases without permission of district Court. Purchase of such property can be challenged by minors after attaining age of majority. The natural guardian father or mother have to seek permission from Court, open account in the name of minors and deposit the sale consideration in the account of minors. This the procedure. Obtain permission from court and only then purchase property.
The property registered by BDA in favour of only mother and 2 sons WHICH ARE JOINT OWNER ADULTS AND CLEARLY IN SALE DEED THERE IS NO MENTION OF MINORS CHILDREN NAME OR SHARE .HOW CAN A SHARE OR RIGHTS GO MINOR CHILDREN .
Your first question gives the impression that minors are also joint owners with major members of family. It minors are not mentioned in the title deed your can purchase the property. The only precaution is that sale deed should be properly drafted safeguarding the interest of minors.
Hi, you must mention the names of Minors represented by their Natural Guardian in the Sale Deed. So that it is sufficient.
2. You can't take consent of the Minor children in the Sale Deed.
Dear sir,
You need to obtain the prior permission of the court for selling off the property which is in the name of the minor.
Such sale can be challenged by the minor after attaining majority if there is any illegality or anything which hampers the interest of the minors.
Dear sir,
if Minor children are not owners of the property, they have no share over the property. But the consent of minors is necessary.
Thank you
1. As per your narration, it appears that mother and her two sons were allotted a Site.
2. If the Site allottees are alive, then there's no need for grandchildren's signatures on the sale deed, as it's the self acquired joint property belonging to the mother and her two children and except them no other person, including grand children have any right over the property.
3. Moreover it's to be noted that minor children are not legally allowed to enter into contract as sellers or witnesses.
- Since it is a self acquired property of the two sons , then the married son has his right to sell his share in the property without taking the consent of his legal heirs including wife and children
- Hence no consent needed from the minor sons of married one .
If the allottees are alive and they are executing the registered sale deed in favor of the buyer jointly, then there's no question of their children either minor or major to give consent or to sign the sale deed.
The allottees are the absolute owners of the property hence their children cannot claim any share in the property either now or at a later stage.
The children either minor or major by age don't have any rights in the property hence it is not necessary to include their names as vendors in the registered sale deed.