Sale of Minor's gift property

Querist : Anonymous (Querist) 16 November 2009 This query is : Resolved
My grandfather (A) had gifted his property to his minor granddaughter (B) in 2001 since her (B) father expired in an accident then. B is 13 years old now and A is now in severe financial crisis and want to sell the property. How do we proceed? Should we cancel the gift deed before proceeding for sale or swithout cancelling it. Which is the best way. Pl advice us

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n.k.sarin (Expert) 16 November 2009
once property was gifted, gift deed cannot be canceled.minor is exclusive owner now.The legal guardian of minor can sell the property with the prior permission of the distt judge.

Sachin Bhatia (Expert) 16 November 2009
Gift can not be cancelled, If you want to sale the property of minor you to have to take permission from the court.

adv. rajeev ( rajoo ) (Expert) 17 November 2009
Minor is absolute owner of the gifted property, it cannot be sold without the permission of the court.
U have to file petition u/s 10 of the Guardian & Wadsdship Act seeking appointment of minor guardian and seeking permission to sell the property.
It is necessary to say that the sale is for the benefit of the minor and to protect the interest of the minor.

Querist : Anonymous (Querist) 22 November 2009
Thanks a lot. Helped us take the right descision and going ahead in obtaining the court order

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