valid sale or not
anandakumar
(Querist) 15 July 2016
This query is : Resolved
respected experts.my friend purchased an ancestral property from total of 8 legalheirs in the year 2006.out of the 8 legal heirs 3 were minors in 2006 and their natural guardians signed the sale deed.3 recurring bank deposits created in the names of minors and their respective shares were deposited in their names.necessary recitals were also made in the sale deed that for the welfare of the 3 minors their share amounts of the sale of the property were deposited in the banks and only the minors on attaining majority can utilise and withdraw the deposited amounts from the bank.likewise the minors after they became majors withdrawn the amounts in the years 2007,2008, and 2010.now,my friend wanted to sell the property but the purchasing party complains that his lawyer gave an opinion that the property was not sold by the order of permission from the court bcoz the property also stood in the name of minors but it was sold without their knowledge or consent.further the purchaser told to get consent letters from the 3 persons who were minors in 2006 .my friend searched for them but their whereabouts are not known.secondly,if they are found as major adults they may ask huge amounts for giving consent letters or demand anything else.how to solve this problem and sell the property.plz advise.
Kumar Doab
(Expert) 15 July 2016
The opinion is correct in its own sense.He shall mind the interest of his client.
You seem to have record of minor a/c and proceeds being withdrawn by respective minors on attaining majority.
Bring it in the notice of purchaser and his lawyer.
Or find another buyer.
Rajendra K Goyal
(Expert) 16 July 2016
Technically the court permission should have been taken by the guardians while selling share of minors.
You can try by finding whereabouts of the person and try to contact.
R.K Nanda
(Expert) 16 July 2016
Nothing to add.
R.K Nanda
(Expert) 16 July 2016
Nothing to add.
