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abhishikth lingisetty   08 October 2024

Joint development agreement when minor intrest involved

Hi sir / Madam,

My husband has died few months ago , I have two children a boy of age 23 years old and a girl of age 17 yr 2 months . Now we are planning to give our land for developement to builder , since my daughter is minor and she is also a share holder how to tackle this situation. Please kindly give us the inputs.

Thank you.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     08 October 2024

For alienation of an immovable property involving minor interest, court permission is pertinent.

Since your daughter is likely to become major by next year, you may plan to defer the development program until then because by the time the court would decide to grant you permission to alienate the property involving your minor daughter's share, she will become major by age.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     08 October 2024

Yes.  Please wait till your daughter gets the majority of age.  If now, you have to get court permission for your minor daughter's share.

1 Like

Dr. J C Vashista (Advocate )     09 October 2024

Very well analysed, opined and advised by learned experts Mr. T Kalaiselvan and Mr. Kavksatyanaryana , which I concur.

1 Like

Real Soul.... (LEGAL)     09 October 2024

Well if you don' want to wait until your daughter's majority then as a guardian you can sign documents in behalf of your minor daughter after seeking permission from court.

1 Like

P. Venu (Advocate)     10 October 2024

You can enter the agreement on behalf of the minor daughter. However, she has option to repudiate the same once she attains majority. As such, in the given circumstances, the best option is to get the agreement ratified by her as soon she becomes a major.

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