Prakash (sdsdsd) 18 April 2012

Inherited property-minor rights

Need some help regarding rights of a minor child in case of inherited property.
The developer has purchased property from a person who has a minor son.
The property is inherited by the person who sold it to the developer.
I am interested in buying a plot in the property. The lawyer of the develper
has indicated that, minor right issue is there and they will get 'suitable' solution to this
and pass on the document to us. All other documents have been provided.
I consulated a lawyer and he said that issue of minor rights can not be solved in anyway
and he adviced me not to go ahead. I am confuded now.

Before going for another legal opinion, I would like to to know if any one here
can throw some light on this.

1. I have read that, the minor rights can be resolved, provided the issue is brought to the notice
of court and if the court permits then, there is no problem. In this case the minor, CAN NOT object later about the sale.
Is this true ?

2. Just wondering, if the minor rights issue can not be solved by any means, then, do are all such properties are bought with an element of risk involved ?

3. My lawyer mentioned that there should be genuine need in the 'interest of minor' (like his medical needs, education needs etc) for the sale to happen.
and in this case there is no such necessity. Does this mean that these issues are case to case basis ?

Thank you.

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4 Replies

Neha Chowdhary (Law Officer ) 18 April 2012

Question involved here is interest of Minor. If any such kind of transaction is taking place....as per my knowledge Court can order to Deposit some percent of Money in the form of F.D in favour of minor, Interest (monthly) of which can be used by minor for his betterment....and upon maturity can withdraw amount as per his needs....

Neha Chowdhary (Law Officer ) 18 April 2012

Prakash (sdsdsd) 18 April 2012

Thanks both of you for your replies.

The procedure of handling Minors rights as mentione by both of you has not been done. The developer has bought the land without considering the minor rights invloved in the property he is going to buy.

Now, when we planned to buy portion of the land from developer, this issue has come up.

Is it possible to go back and 'correct' the previous transaction (between developer and the person who sold it)

by including the minor rights issues as mentioned above by you.

If it is practical to do this , then we can ask the developer to do this before we go for our part of sale agreement.

Thanks

Neha Chowdhary (Law Officer ) 18 April 2012

well....to the best of my knowledge i can suggest as property is inherited minor is having ownership due to inheritance.....and natural guardian can act for minor.....so natural guardian can sign on behalf of minor...now the question is of ur agreement which u had entered with the developer....i belive you can execute a "Supplementary Agreement" with the developer and mention very specifically rights of minor over the said property...his percentage....interest etc.....hopefully this will serve your purpose.

You can go to Registrar's Office and can check the suitable provision for your issue.