• Does minor children should be take as consent witness in sale deed

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
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

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 

Ajay Sethi
Advocate, Mumbai
97700 Answers
7911 Consultations

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.

Ravi Shinde
Advocate, Hyderabad
4511 Answers
42 Consultations

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.

Ravi Shinde
Advocate, Hyderabad
4511 Answers
42 Consultations

Minor children have no share in property 

 

their consent is not necessary for sale of property 

Ajay Sethi
Advocate, Mumbai
97700 Answers
7911 Consultations

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.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

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.

 

Anik Miu
Advocate, Bangalore
10444 Answers
121 Consultations

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  

Anik Miu
Advocate, Bangalore
10444 Answers
121 Consultations

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.

Shashidhar S. Sastry
Advocate, Bangalore
5466 Answers
330 Consultations

- 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 . 

Mohammed Shahzad
Advocate, Delhi
14832 Answers
225 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
87900 Answers
2368 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
87900 Answers
2368 Consultations

For selling minor share you need permission from. Court. 

Prashant Nayak
Advocate, Mumbai
33000 Answers
212 Consultations

In your case, minor children have no right over the property. You can register the sale deed from the mother and two childrens

Ajay N S
Advocate, Ernakulam
4099 Answers
114 Consultations

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