Hi
Need some help regarding rights of a minor child in case of inherited property.
The developer has purchased property from a person who has a minor son.
The property is inherited by the person who sold it to the developer.
I am interested in buying a plot in the property. The lawyer of the develper
has indicated that, minor right issue is there and they will get 'suitable' solution to this
and pass on the document to us. All other documents have been provided.
I consulated a lawyer and he said that issue of minor rights can not be solved in anyway
and he adviced me not to go ahead. I am confuded now.
Before going for another legal opinion, I would like to to know if any one here
can throw some light on this.
1. I have read that, the minor rights can be resolved, provided the issue is brought to the notice
of court and if the court permits then, there is no problem. In this case the minor, CAN NOT object later about the sale.
Is this true ?
2. Just wondering, if the minor rights issue can not be solved by any means, then, do are all such properties are bought with an element of risk involved ?
3. My lawyer mentioned that there should be genuine need in the 'interest of minor' (like his medical needs, education needs etc) for the sale to happen.
and in this case there is no such necessity. Does this mean that these issues are case to case basis ?
Thank you.
