Minor share can be sale by his mother
mukesh goyal
(Querist) 26 March 2016
This query is : Resolved
My father was brought a house, we are 2 brother. Now my father and brother has been expired. My brother has one son only.Now we want to sell this house.
Can minor share sale by his mother.
How much time to be taken by civil court to grant permission to sale his share by his mother.
On what ground court given permission to sale his share by mother
SAINATH DEVALLA
(Expert) 27 March 2016
The widow is the natural shareholder and custodian to the minor's share in her deceased husbands property.
Mother cannot sell the property if the shares are standing in name of minor son without court consent .
Court grants permission subject to the condition that minor share be deposited in court and placed in fixed deposit till minors become majors .
3) minors can within period of 3 years of attaining majority challenge the sale .
Rajendra K Goyal
(Expert) 27 March 2016
Court permission is required to sell the share of minor by the legal heir.
Time taken by the court depend on the pending cases before the court.
