Need permission to sell minor property
pooja joshi
(Querist) 19 June 2018
This query is : Resolved
Dear Sir,
This is with reference to my interest to sell my property after my husbands death, Its long time he died in 2006. Request you to kindly let me know the procedure for the same . I am really in need . Please let me know how can I sell as I need it for her studies and other requirements. I have two daughters . The one is married and I have an RD of my property with her share at my name. I have taken some loans for her marriage. This is one other reason to clear all dues at the earliest
As I am finding it really very difficult now.
Guest
(Expert) 19 June 2018
The Court Permission is mandatory to sell the Minor's Share.
Guest
(Expert) 19 June 2018
Better discuss this with Local Advocate and they would do the needful.
Kumar Doab
(Expert) 19 June 2018
As per title of the query; approach court for permission to sell minor's share....
Vijay Raj Mahajan
(Expert) 19 June 2018
RD of the property is in your name although the share of your daughters exists in it, in such case this being family settlement where the property purchased in your name then there is no need for any court order for selling it. You sell the property as per your requirement and use the proceeds for the purpose of your daughter's study etc. You must keep record of all spending, in case of any inquiries made by any anyone about use of the money that you got after selling the property that had the share of your daughters.
Ms.Usha Kapoor
(Expert) 20 June 2018
Since RD is in your name and family settlement where the property purchased also in your name you need not obtain court -permission and sell off that property. for your daughter's education
pooja joshi
(Querist) 20 June 2018
thanks to every one . Dear Sir / Mam the property is a free hold sale deed and on my late husbands name. One more thing is there any share of my mother inlaw in this . Although it was a sale deed by the name of only my husband . Due to sudden death there was no will , We are living in a nuclear family me and my daughter . My mother in law is living separately with dad. Kindly suggest . And how much time will it take to get permission from court .
R.Ramachandran
(Expert) 20 June 2018
It may take maximum 1 year to get the Court's permission, provided there are no other objections/complications from any other quarter.
Guest
(Expert) 20 June 2018
Your original question was quite irrelevant in the wake of your latest revelation about existence of your husband's mother.
You cannot ignore the share of the mother of your deceased husband.
Kumar Doab
(Expert) 20 June 2018
Dear LCI Querist @ Mrs. Pooja Joshi,
In 1st query you have used short form ‘RD’.
The short form could have avoided…..and full form could have mentioned..
The RD stands for what; Relinquishment deed, Registered deed..
Or is IT registered sale deed….
Or family settlement deed..
If IT is Relinquishment deed (registered) or say family settlement deed signed/registered by your deceased husband during his life time then in whose favor IT was signed/registered..
The response and recourse may change…
If IT is Relinquishment deed and said property is self earned/acquired and your mother in law is not included then she has NO share.
Kumar Doab
(Expert) 20 June 2018
You have clarified there is NO Valid WILL left by your deceased husband and you have two daughters one of whom is married and one is minor as on date.
Succession opens on date of death.
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
If your mother in law and married daughter wishes they can dispose her share in anyone’s favor… by a valid/registered deed.
You need to check with them if they will consent to your need of the situation…
If they agree nothing like IT.
Kumar Doab
(Expert) 20 June 2018
IT shall be appropriate to approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for proper guidance and help..
Check for such counsels at Local civil courts………..
The LOCAL counsel can update you on recourse, time, Fee etc ..
Kumar Doab
(Expert) 20 June 2018
IT shall be appropriate to approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for proper guidance and help..
Check for such counsels at Local civil courts………..
The LOCAL counsel can update you on recourse, time, Fee etc ..
Kumar Doab
(Expert) 20 June 2018
IT shall be appropriate to approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for proper guidance and help..
Check for such counsels at Local civil courts………..
The LOCAL counsel can update you on recourse, time, Fee etc ..
Kumar Doab
(Expert) 21 June 2018
Same query;
http://www.lawyersclubindia.com/forum/Permission-for-selling-minor-right-in-propery-184392.asp
Kumar Doab
(Expert) 21 June 2018
You have replied to the points raised in new thread mentioned above.
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
This applies to you as well if you decide to buy a property in future..and any buyer that approaches for said property as in your query.
Kumar Doab
(Expert) 21 June 2018
The Mother in law has not signed any valid relinquishment deed as posted by your in another thread….and she is expected to sign the sale deed.. Your married daughter may be asked ( preferably) to sign as witness, by the buyer and his/her legal counsels…
The buyer if any has approached you may (rather must) prefer proper legal opinion and his counsel may advise for permission by court…….being correct approach , as suggested in this thread also…….
Some counsels may frankly advise that child on attaining majority may object within 3 Y or even afterwards…by her/his sweet will.
And even ask for indemnity to be signed by sellers (that includes Guardian if any appointed in deed/by court, other co-sharers… and even that child upon attaining majority may agree to affirm consent ..or consent to declaration suit if any filed …………
Your view on selling the property without court permission and buying another property costing to the tune of share in proceeds of minor daughter (as per your post=1/3rd ) is your personal decision …..and your minor daughter and buyer may be satisfied …………and may not agitate….
Your view on leaving WILL for minor daughter and married daughter is your personal decision …….and you can do so by your free will although your married daughter has relinquished her share by registered relinquishment deed…
You can check if any lender agrees to extend loan to meet your immediate need and you shall learn by this exercise and legal cell of lender shall apprise you of defects that they see….
If permission by court is taken IT is the best suggestible recourse..
