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Minor property

(Querist) 02 August 2018 This query is : Resolved 
Hi,
We have a property in my father name whereas he died without any will written about property. Myself and my sister(heirs of first wife-died) my younger brother(2nd wife son - divorced and remarried to other person) who is minor aged 17. We want to sell the property.

Ques 1: Can i able proceed to sell the property as the legal heir certificate reads i am the guardian.
Ques 2 : can i able to split the property into 3 and proceed to sell 2 share left behind my brother's share .Ques 3 : If yes what should i do, how long will it take..... i am expecting to sell it sooner.
Guest (Expert) 02 August 2018
To sell a Property where a Minor also holds the Rights the consent/permission of concerned Court is mandatory.
Guest (Expert) 02 August 2018
Discuss with Local Advocate.
Guest (Expert) 02 August 2018
Even for Partition in Minor's Property the Court's Consent ?permission would be mandatory.
Guest (Expert) 02 August 2018
Discuss with Local Advocate
Hemant Agarwal (Expert) 02 August 2018
1. For legal convienence and to avoid legal procedures, sell only after minor turns 18.

2. Further 2 part portion of the undivided property CANNOT be sold, without proper partition deed, which can be convienently done when minor turns 18.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Guest (Expert) 02 August 2018
Dont go by above advices. Contact lawyer in person and discuss in private.
Kumar Doab (Expert) 02 August 2018
The minor of 17Y shall be soon of 18Y and major.
Sell when the minor has attained majority.
Kumar Doab (Expert) 02 August 2018
What is this being Guardian in Legal heir?
Can you attach the said legal heir certificate in Forum section?
The guardian is appointed by court and right to alienate property of minor is granted by court upon satisfaction of court.
Kumar Doab (Expert) 02 August 2018
Don't accept illegal advise for an act against law even if IT is by a lawyer.


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