Urgent: minor property - land registration
Ramesh
(Querist) 24 January 2016
This query is : Resolved
Hi, I am planning to buy second sale apartment. Property is in the name of the husband. He has passed away 2 years ago. Now left with Wife and 2 Children(1 Son. 23 yrs old, 1 daughter 16 years old who is a minor.
They have a legal heir certificate from Tahsildar as only these heir for this property.
Now as I understand, mother, who is being the natural guardian are not allowed to sale the property since they have a minor daughter for whom we need to get a court order. Is this right?
Here there is a slight tricky point. Property is NOT in the name of the minor. Property is inherited through legal hiership. Is the law Hindu minority and guardian ship Act 1956 u/s 6(a) applicable in this case or not?
I would really appreciate your quick response since I need to make a decision based on this.
Thanks in advance.
Anirudh
(Expert) 24 January 2016
Court permission is required. Section 8 of the Hindu Minority and Guardianship Act, 1956 will be applicable.
J K Agrawal
(Expert) 24 January 2016
The court permission is not a very tough job. It is must.
J K Agrawal
(Expert) 24 January 2016
The court permission is not a very tough job. It is must.
Ramesh
(Querist) 24 January 2016
@ J K Agarwal and Anirudh,
Sir, how long will it take to get the court permission? Could you please share the high level procedure?
Also in the link below, from the feedback of AFHCL head that it is not required.Thats where I got bit confused.
https://www.linkedin.com/pulse/minors-property-mortgage-without-courts-permission-shakir-sheikh
Also one more point, the seller here is Anglo Indian Christians. Is the Hiindu law still apllicable for them?
J K Agrawal
(Expert) 25 January 2016
Dear Mr Ramesh
You have a point.
It looks that the Hindu Minority and guardianship Act not applicable on share of minor which is Joint.
Really it is not clear that if a Karta can transfer without permission or not. As per my knowledge the Karta of HUF is not required any permission but the sale should be bonafide and for welfare of family.
You have one more twist.
The Hindu Laws are not applicable to Anglo Indians.
It will be regulated by Guardian and Wards Act 1890 which again sets requirement of court permissions.
Anirudh
(Expert) 25 January 2016
To begin with, the property is not a joint family property. Therefore the question of any 'Karta' managing the property simply does not arise.
In the case in hand, permission of the Court is required, or one has to wait (2 more years) till such time the minor attains majority.
Getting the permission from the court should not take more than 3 months.
Guest
(Expert) 25 January 2016
Dear Author Irrespective of the Minor being of any Religion/Caste etc the Court Permission/Order is a Must for enforcing Such Transactions like Sale etc
Ramesh
(Querist) 25 January 2016
@ J K Agarwal,N.J.S Rajkumar, Rajendra K Goyal and Anirudh,
Thank you very much for all your response. Now we have decided to get Court Order to get this sorted out.
Could you please give me any suggestion as to how quickly it can be done?
rajagopal.s
(Expert) 25 January 2016
Hi
The court order should not take more than 90 days.
Ramesh
(Querist) 26 January 2016
Thanks for all your reply.
Now I am with an other tricky situation. I would really appreciate you all your kind suggestions. Thanks in advance.
As I understand, court will suggest to deposit the share of the minor as Fixed Deposit post sale completion and will ask to submit the proof back to Court and also If the proof is not submitted back. the sale will treated as Invalid.
Now with the sale amount, my seller is planning to buy an other property immediately after selling this property. So the money they get back from the sale is needed for them and so they cannot do FD.
But they are ready to register the new property that they gonna buy in the name of all three of them(Mother, son and minor daughter). They are ready to show relevant proof to the court for this.
Will this be acceptable by Court?
Also I am planning to buy this house through Bank loan. In both the cases(Both FD & new registration), will it be acceptable to the bank because of the last condition?, i.e if proof of FD or land registration is not shared with the court, then registration will be treated invalid.
J K Agrawal
(Expert) 26 January 2016
If the new property is purchased in name of all 3 sellers, it is the best use of money in interest of minor and no court will deny for this. Rather the courts will welcome this idea. You mention it in the application it self.
FD is not a must condition. The welfare of child and proper use of his funds is the crux.
Ramesh
(Querist) 26 January 2016
@J K Agarwal
Sir, that is glad to hear. Thanks for your reply.
But do u have any experience as to how the bank lawyer would consider this case for the Home Loan?
Thanks in advance.
