Property purchased for grandson - guardian is father's mother
CHAUHANMA
(Querist) 09 April 2012
This query is : Resolved
Father's mother (Grandmother) has purchased a property (by way of sub-lease) in the name of his minor grandson and the Grandmother is the Guardian of the that grand-son. Now she wants to transfer 50% share in the name of his another son (the younger brother of father of said grandson, the father of grandson lives in U.K.).
Please let me know;
- is it feasible to execute / register a document for transferring 50% share to younger brother (CHACHA) of father of said grandson?
- what will be the procedure for transferring the 50% property in the name of younger brother (CHACHA) of father of said grandson?
Thanks,
Adv.R.P.Chugh
(Expert) 09 April 2012
Dear Querist,
Please be clear on the first line "How the property came to be acquired by the grandmother ?"
If her title was good to the property and she purchased it in grandson's name exclusively, having done that she now cannot transfer 50 % of the property to somebody else, for she is not the owner, for that the permission of the Distt. Court would have to be obtained and the court would allow the same only when it is for the evident benefit or necessity of the minor and not otherwise.
If sold without concurrence of the court - it would be a voidable transaction which the minor can avoid within 3 years of attaining majority or even earlier than that through a Next Friend.
Feel free to talk !
Sailesh Kumar Shah
(Expert) 09 April 2012
I have aleady replied at:-
http://www.lawyersclubindia.com/experts/Property-purchased-for-grandson-guardian-is-father-s-mother-294596.asp
Shashikant V. Patil
(Expert) 09 April 2012
Adv Bharat Chugh righly stated. For transfer of Minor's property, Dist Court permission has to be sought as per Hindu Guardian Act.
