Purchase of minor property
R Karthikeyan
(Querist) 12 September 2012
This query is : Resolved
Dear Experts
What is the procedures to be followed for procurement of minor's property in Tamilnadu.
In my case, parents are deceased, minors are under the custody of uncle, property is situated in Coimbatore District. They were stayed in Chennai.
In case, we have to get permission from court etc, how long will it take?
Regards
R Karthikeyan
coimbatore
Yogesh Anand
(Expert) 13 September 2012
Court permission is a must. It can take about 6 months to one year in normal case.
M V Gupta
(Expert) 13 September 2012
As the paents are dead it is necesary for the uncle of the minor to get himself appointed as the guardian under the Guardians and Wards act, 1890 and also apply to the court for grant of permission under Section 8(2) of the Hindu Minority and guardianship Act, to sell the property. Uncle has to prove that the sale is meant for the beneift of the minor or minor's necessity in order to get the permission.Time for disposal of the suit will depend on the pendency of cases in the court.