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Suresh (Software Engineer)     31 January 2013

Minor property doubts

Please advice me on below .

I am planning to buy a flat from a purchaser.

He bought the flat from a person whose husband deceased and have 2 minor sons , she (co owner) prayed High court of Madras under sections 3, 7 to 10 and 29 of Guardian and wards act 1890 to permit to sell the property and deposit the minor's share in any Nationalised bank and allow to withdraw interest  on deposited amount every month .

Court was granted permission for the same .

Current owner did the sale deed in 2008.

Now i am planning to buy the flat. Can i proceed ?

Do i need the verification for the minor share deposited in bank ? If it is not depostied ,will minor can suit case against me in future ?

Any how in the previous sale deed the below has mentioned .

 

The Vendors here by covenant with the purchaser that the vendors and all persons having or claiming any estate, right,title or interest in the schedule property or any part thereof by, from, under or in trust for the vendors or their heirs,executors,or administrators or any of them shall and will from time to time and at all times hereafter, upon any reasonable request and at the cost of the purchaser , do such lawful acts, and execute all such deeds and assurance whatsoever for better and more perfectly and fully assuring the title to the scheduled property and every part thereof unto the purchaser as may be reasonably required by the purchaser.

 

PLEASE ADVICE

 

 



Learning

 2 Replies

Sumit Kumar (Advocate)     31 January 2013

yes, you could absolutly sell out your flat because you acquired valid right, title, interest and possession over the flat under question because your vendor i.e. wife of predeceased husband after taking permission under the Guardian and Ward Act from the High Court and once valid title passed to the vendee, the vendee has every right to sell the property acquired.

Suresh (Software Engineer)     01 February 2013

Thanks a lot Sumit ,

 

Actually the minor's mother prayed and got permission from High court to sell the property of minors and deposit the minor share amount of the sale proceeds in any nationalised bank and for permitting her to withdraw the interest on deposit amount every month till minors attain majority and use the same for the welfare of the minors.

Please clarify me ,

1. If the minor share amount was not deposited by mother, hope in future children may suit case against the owner who is owning the property at that time ?

2. Do we need proof of deposit for the minor share before we enter in to registration.

3. if we have any other alternates for the same ?

Thanks again and waiting for ur reply

 


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