Execution of sale agreement on behalf of minor
chandrashekar janardan
(Querist) 20 October 2013
This query is : Resolved
Respected Experts,
House belonging to my late father is being sold. Registered Will states equal division among wife and 5 sons.
Two sons are deceased - one wife widow with no issues,and one wife with minor child and she also remarried.
Buyer is proposing sale agreement with advance amount, followed by registration of sale deed after court permission.
Can we enter into sale agreement & receive advance amount without court permission from District Magistrate?
If advance amount is paid with the sale agreement how is minor share decided?
Is a sale agreement compulsory requirement BEFORE going to the district magistrate?
What is the correct legal procedure?
I will be grateful for your expert opinion.
ajay sethi
(Expert) 20 October 2013
wife and 5 sons have 1/6th share in the property . in case any of sons are no longer laive his share will devlove on his legal heirs . for sale of the property better obtain court permission then enter into any agreement with the buyer
Devajyoti Barman
(Expert) 20 October 2013
Yes, you can enter into sale agreement and then go to court to seek its permission.
R.K Nanda
(Expert) 21 October 2013
agree with experts.
Ms.Nirmala P.Rao
(Expert) 21 October 2013
Dear client,
Since one wife got remarried she forfeited her rights to the bequeathed property under the will, leaving her minor son, who'd get 1/6 th share in the property through his mother appointed or acting as his guardian/next friend by a court. It's better you seek permission from the court. The deceased sons' legal heirs also would get an equal share in the properties of their late fathers' shares, which is two in this case.Legal heirs of the two sons would only get their late fathers share only in the property in question and 1/6th as rightly opined by Mr.Sethi Ji as there are 5 sons and widowed wife of your late father.
Rajendra K Goyal
(Expert) 21 October 2013
Agree with the experts. Since the mother of minor son has remarried, it would be better to take the permission of the court before entering into the sale agreement.
chandrashekar janardan
(Querist) 23 October 2013
Dear Experts,
My sincere thanks for the responses.
If the minor guardian has to file an application before the district judge, can it be done even without having a sale agreement with the purchaser?
Can the purchaser be made a respondent in the court application?
What is the role of indemnity clause in a sale agreement?
Many thanks for your kind review and advice.
Ms.Nirmala P.Rao
(Expert) 23 October 2013
Minor son represented by his remarried mother should be made party to the duly executed sale deed as per law; Yes! purchaser should be made a respondent in the Court application. Also, the indemnity clause inserted in the registered sale deed is meant for protecting the buyer's interest in the property sold from seller on account of sellers defect in title or buyer incurring any loss etc on account of seller's fraud etc. If you wish to thank me for this reply please click the Thank you button on my profile.
chandrashekar janardan
(Querist) 25 October 2013
Dear Experts,
What is the minimum time in which the court permission can be obtained after submission of the application with all the supporting documents.
What are your suggestions to expedite the process?
Your valuable input is most sincerely appreciated.
Best Regards,
Chandrashekar
ajay sethi
(Expert) 25 October 2013
judicial process takes time .
Rajendra K Goyal
(Expert) 25 October 2013
Agree Judicial process is time consuming, and time taken depends upon many factors.
