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naady.nady (Others)     20 April 2023

Lease commercial property owned by minor

Respected Lawyers,

I had an ex-wife (divorced long ago) and a son (10 years old). My ex-wife is rich and has a lot of properties.

My Current wife is poor and have two daughters (3 & 2 years old), I am willing to execute a gift deed in the name of my two minor daughters from my current wife. I want to know,

1. The property is a commercial property and is currently on lease with the tenant. My self as a natural guardian (father) can I lease the property after registration under my daughters name ?

2. Who will be the legal guardian after my death ?

3. I heard minor cannot sell the property before they attain the age of 18 ? Is it true ? 

4. If I decide to sell the property after 5 or 10 years if my financial condition goes down then what is the procedure ? 

Please advise...

 

Thanks & Regards,

N Shah

 



Learning

 5 Replies

PSVNL Sai Kumar (Software Engineer)     20 April 2023

  1. Being a natural guardian you can lease out the property for a term exceeding 5 years, or for a term extending more than one year beyond the date on which the minor will attain majority.
  2. After the death of the father i.e you, your wife (mother of the daughter) will be the guardian.
  3. Yes, minor cannot sell any property under her name because any sale will become void.
  4. You can sell the property as long as she is a minor given that it's for the benefit of the minor. Once she has attained majority then you cannot sell it.

kavksatyanarayana (subregistrar/supdt.(retired))     20 April 2023

1. As the property is on a lease, you cannot transfer the property in any manner.  After the expiry of the lease period you can gift it.

2. After the death of the father i.e you, your wife (mother of the daughter) will be the guardian.

(3) Yes, the minor cannot sell any property under his/her name because any transfer of the property is not valid. 

4). After giving a gift to your daughters you cannot transfer it in any manner unless you obtain permission from a court of law.
 

T. Kalaiselvan, Advocate (Advocate)     21 April 2023

Well explained by experts above, nothing more to add.

Dr J C Vashista (Advocate)     21 April 2023

I endorse the opinion and advise of experts.

However, lease of property is valid but period of lease is not restricted to 5 year

Mother of donee (daugher) would succeed you as natural guardian.

Being minor she (donee) cannot sell herself. 

Permission of court has to be obtained for sale of subject property after transfer in favour of donee.

 

P. Venu (Advocate)     21 April 2023

Yes, the minor's guradian can lease out the property on behalf of the owner who is minor.

However, any sale made by the minor's gurdian is voidable at the option of the said minor when he/she attains majority unless the sale has been made with the due authorisation of the Court.


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