Aravind 21 April 2016

Minor property sale dispute

A flat which having 3 floors .. grandfather written a will in which each floor gives to 3 daughters respectively.. In this one daughter is minor(age 12) .. now all are willing to sale the property.. minor daughter too willing to sale.. now problem is,,

can we sale the property when one person is minor?

or if minor person not willing to sale means how to sale this one?

and elder daughter is the guardian for minor daughter ? is elder daughter have power to sale?

Reply Follow

7 Replies

(Guest)

Please specify religion of all parties involed question revolve around personal law

(Guest)

Yupe guardian has the power subject to the minor shares money is utilize on her otherwise she can file a case in future...for further u can on me

(Guest)

I mean for further you can pm me

Aravind 22 April 2016

religion is Hindu for all sir..

Aravind 22 April 2016

minor girl family not accepted to sale the property.. bt guardian decided to sell ? can guardian sell it ?

(Guest)

minor girl family ????

Grand father gave property to daughter . Then why you used word Grandfather

See I see bit confustion in relationship terminology used in your query and addition of query

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Acts shortlisted for your query

1) Hindu Minority and guardianship Act

2) Guardian and Wards Act

In simple words Courts permission require to sell property , and Property is required to be sold in minors interest to show it will benefit minor.

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I feel you redraft your query properly , mention relationship properly . So I can explain and also give relevant provision of the act to you. So you are sure

Anand Bali Adv. (Advocate Solicitor & Consultant) 22 April 2016

Guardian of a minor can sell property of a minor however he has to utilise the proceeds for the welfare of the minor only and when minor becomes major she can ask for the account of that proceeds and claim out of that proceeds less share of the proceeds spend on her welfare.

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With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India