About land selling
ALOK KUMAR
(Querist) 17 March 2018
This query is : Resolved
SIr, good evening
(1) My sister was married in the year 2002 she gave birth a baby boy in 2003. In 2006 my parent gave money to my sister for purchase a plot . After agreement of land in 2006 my sister died in the month of june 2006. After death of my sister my brother in law (Jija) purchased that land in the name of my sister's son . After few year my brother in law ( jija) done second marriage . Now he has two son with his second wife. My sister's son always live with us.Present age of my sister's son is 15 years.
(2) Now, my brother in law want to sell that land .
(3) sir my query are-
(A) can he sell that property which is in the name of my sister's son?
(B) what should i do to stop them to sell the land.
(C) please suggest me.
(D) Thanking you sir
kavksatyanarayana
(Expert) 17 March 2018
If a property is purchased in the name of a minor, at the time of preparing and registration, either one of the parent or his/her custodian name will be mentioned as Guardian. so the Guardian may sell the property in the name of minor. But in some States, the property of a minor cannot be sold. so check in your State rules. or consult a lcoal lawyer.
R.Ramachandran
(Expert) 17 March 2018
Any one of you file a case, stating the complete facts in the District Court, for and on behalf of the Minor and seek permanent injunction against selling of the property by his father.
That is the only way to stop the property sold by your sister's husband.
Ms.Usha Kapoor
(Expert) 18 March 2018
You file a suit in District court for injunction to your BIL for refraining him from selling his first wife's son's property without court permission as he is the natural guardian of the boy.: Sale of minors' property cannot be done without obtaining court's permission, the Supreme Court today held.
Quashing sale of properties of minor daughters by a widow 25 years ago, the apex court said that under Hindu Minority and Guardianship Act, sale of such property cannot be done without prior permission of the court.
"As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange ..
Read more at:
//economictimes.indiatimes.com/articleshow/26370683.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
R.Ramachandran
(Expert) 18 March 2018
The decision of the Supreme Court mentioned by Ms. Usha Kapoor was not done "today" as mentioned by her.
It was rendered on 25.11.2013 in the case titled Saroj v. Surender Singh & Others in Civil Appeal No. 10582 of 2013.
Dr J C Vashista
(Expert) 18 March 2018
Your brother-in-law has no right, interest, claim or title of the property purchased in the name of minor.
File a suit for permanent injunction restraining your BIL and/or anyone else from selling/alienating/ mortgage or creating third party interest in the property without prior permission of District Judge where the minor is residing.
No one can sell/mortgage/alienate/ create third party interest in the property of minor without written permission of concerned District Judge.
Consult and engage a local prudent lawyer unlike impersonating and fake expert hereinabove, for better appreciation of facts, guidance and proper proceeding.
Kumar Doab
(Expert) 18 March 2018
The clauses on permission by court and judgments have been cited................above..
Ms. Usha Kapoor has not declared that judgments is delivered today...
You may approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record........... and worth his/her salt and approach court under his/her expert advise....
Kumar Doab
(Expert) 18 March 2018
Also: you must be aware that the minor son can contest the sale within 3Y after attaining adulthood...
R.Ramachandran
(Expert) 19 March 2018
@Kumar Doab: You are factually wrong when you say that "Ms. Usha Kapoor has not declared that judgments is delivered today..."
Please go through what Ms. Usha Kapoor wrote and then review your above reply/comment.
"Sale of minors' property cannot be done without obtaining court's permission, the Supreme Court TODAY (given in bold by me to attract your specific attention) held." Her post is dated 18th March, 2018.
ALOK KUMAR
(Querist) 19 March 2018
sir, good evening all of you
my query in above mentioned case is - (1) can my brother in law( jija) get permission to sell that land from district court easily? (2) If he submit application for the same in the district court how can we get information and contest him?(3) Can my mother on behalf of my sister son file suit for permanent injunction? (4) Thanking you sir
