Sucession certificate
rajinder ansh
(Querist) 27 May 2012
This query is : Resolved
r/sir
i filed the suceession case for my client and is now on final stage, but the properity dealers ask for the guardian certificate. she wants to sell her properity worth one crore . petitioner
( my client) have only 2 minor kids , can she sell the property on the basis of her sucession certificate. kindly suggest
thanx
A V Vishal
(Expert) 27 May 2012
Your query is not clear, in case the kids are minor then a court order is required to sell the property.
Nadeem Qureshi
(Expert) 27 May 2012
Dear Rajinder
your query is not clear what do you want to ask? succession certificate or guardian certificate?
Rajeev Kumar
(Expert) 27 May 2012
You have to take the permission of court for the sell of minor share. The court will only permit when satisfied that the sell of minor share is in the welfare of child.
R.K Nanda
(Expert) 27 May 2012
Agree with expert Rajeev.
rajinder ansh
(Querist) 28 May 2012
r/ expert
what type of suit should i file to take the permission of the court to sell the property on behalf of the minor kids without succession certificate
kindly suggest
A V Vishal
(Expert) 28 May 2012
Suit should be filed under The Hindu Minority And Guardianship Act, 1956m seeking court's permission to sell the minor's share
Suhail A.Siddiqui
(Expert) 28 May 2012
In case your client is sole successor and obtained Succession certificate in your name then no need to get any type permission etc. Other wise if your's children are joint successor, then you have to require permission that money is required for brought up of children.
Suhail A.Siddiqui
(Expert) 28 May 2012
In case your client is sole successor and obtained Succession certificate in your name then no need to get any type permission etc. Other wise if your's children are joint successor, then you have to require permission that money is required for brought up of children.
S Jadhav 98336 98330
(Expert) 29 May 2012
If the property that is coming to your client is the self acquired property then she is sole owner and you do not need the guardianship certificate or the Court's permission to make a sale. If it is ancestral then you require to take the Court's permission to sell the minor's interest.
However, since you have stated that the case is in the final stage, you cannot sell it until it is finalised. You cannot make an agreement to sell on the basis of a favourable Court order to be decided in the future.
S Jadhav
Shonee Kapoor
(Expert) 30 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
