minor share...???

Querist : Anonymous (Querist) 04 October 2010 This query is : Resolved
I' m sellin a property... we are 6 vendors and one of them is a minor.. the person purchasing property has asked me to obtain the permission from the court for selling the minors share out of that property.. under what provision/act am i suppose to apply to the court and what is the procedure????

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A V Vishal (Expert) 04 October 2010
PETITION FOR PERMISSION TO SELL MINOR'S PROPERTY UNDER THE GUARDIANS AND WARDS ACT, CONTACT A LOCAL ADVOCATE DEALING IN CIVIL MATTERS FOR THE NEEDFUL.

Devajyoti Barman (Expert) 04 October 2010
Sale of minor's property without the order of the court is voidable transaction at the option of the minor as per section 8 of the Hindu Minority and Guardianship Act and hence you have to take necessary permission from the court of the District Judge under the provision of Guardians and Wards Act.

Khaleel Ahmed Mohammed (Expert) 04 October 2010
well advised.

s.subramanian (Expert) 04 October 2010
I agree.

Rajeev kulshreshtha (Expert) 04 October 2010
I also agree.

Kirti Kar Tripathi (Expert) 04 October 2010
I a;so agree.

Y V Vishweshwar Rao (Expert) 04 October 2010
Mr Barman Explained the situation . We can not presume , the Minor may or may not confirm the sale /or/ he may dispute the sale after he attaining majority .

pawan sharma (Expert) 05 October 2010
i also agree with Mr. Barman.

Querist : Anonymous (Querist) 05 October 2010
thanx a lot... what would be the exact prayer clause in the said application??

M/s. Y-not legal services (Expert) 07 October 2010
Yes. Without court's order you can't sale the minor's share.. Also you can't entered in to an agreement.. So after getting court's permission you have to deposit the minor's share amount in the name of minor, after producing the deposit details.. Then only court wil pass order for sale the property..

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