Certificate from District Court
Chetan
(Querist) 13 July 2009
This query is : Resolved
(Case is of MAharashtra State)
The widow have inherited the Agricultural Field after the death of her husband, having 2 minor girls. The Revenue Dept mutated their names in revenue record of tht field.
Now she wants to sell the said property, whether she can sell ?
if yes pls. provide necessary infor.....
PALNITKAR V.V.
(Expert) 13 July 2009
Since the girls are minor, she has to take permission from the District Court for sale of the lands. Pls see the provisions o fHindu Minority and Guardianship Act as well as Guardian and Wards Act by way of academic interest.
vinjamuri ranga babu
(Expert) 13 July 2009
hi,
as per the hindu minoeity and guardianship act, the person cann't sell the same to the third parties, provided she can take the permission from the Distric Court for selling the property.
vr
Y V Vishweshwar Rao
(Expert) 14 July 2009
Sec 12 of H M & G Act may be considered!
No Guardian can be appointed for Minor's Undivided interest in Joint Family Properties, if the Joint Family proerties are managed by Adult Members of Joint Family !
PALNITKAR V.V.
(Expert) 14 July 2009
Question is not of appointment of guardian. Question is about disposal of property of minor by a person who is already a guardian.
Anant Vats
(Expert) 14 July 2009
This is the case of coparcernary interest.Agricultural land is inherited by the wife with his 2 children and is to be divided in 3 parts wife can sell her part and can do whatever she wants of that money and can sell the parts of her children as a guardian and use that money for the benefit of the minor chidren only and when they become major hand over the fruits to her children
Uma parameswaran
(Expert) 14 July 2009
The sale of ancestral land for the purpose of paying off an antecedent debt or for maintaining minor children will legally accept. It could not be challenged.
adv. rajeev ( rajoo )
(Expert) 20 July 2009
Since there are minors, widow has to obtain the permission from the Dist., court by filing a petition under guardian and wardship act, she has to show the necessary for selling the property and petition avearment should be like this " The property is selling for the benefit of the minor and to protect the interest"
