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pooja joshi   21 June 2018

Permission for selling minor right in propery

Dear All,

Thanks for your all support and replies, Sorry as few things are still uncleared. As I told my married daughter gave her share through Relinquishment deed to me, My Mother inlaw had given an afidavit with sign and thumb impressions with leaving her share to my family from my late husbands property. Now I want to sell it for my daughters future as there are so many things to move on and seems difficult for me as I had recently done marriage of my daughter. And now we are the left three leagal heirs of the property Me , My mother Inlaw and My 13 yrs old daughter.

Kindly suggest the was. It a free hold property on my husbands single name, with no will nothing like that.



Learning

 4 Replies

R.Ramachandran (Advocate)     21 June 2018

1.  Whether the Release Deed given by your married daughter is a REGISTERED release deed?  If not, the said release deed will have no validity.

2. You say that your mother-in-law has given an afidavit with sign and thumb impressions eaving her share in your late husbands property, to your family.

But, unless she gives a Registered Relinquishment Deed, her giving up through an Affidavit/thumb impression etc., will have no validity.

(For 1 and 2 above, it can be overcome if these two persons (i.e. your married daughter and your mother-in-law sign/put thumb impression in the Sale Deed before the Sub-Registrar's office as sellers.)

However, still you may require the Court's permission for selling the property, as the Minor's interest is there in the property.

OR

If there is any BUYER, who is ready and willing to buy the property by taking the Sale Deed from you, your married daughter and mother-in-law, then you can proceed. [This idea is very difficult to materialise]

1 Like

pooja joshi   21 June 2018

Thanks alot yes RD given by ny daughter is registered. I will try to take permission from court.

Just a last question if I sell property without permission and take other property mentioning my minor daughter name also in my registered deed of property in near future , Is it workable.

Secondly after selling if I make a registered will on her name with her 50 % share and 50 % on the name of my married daughter is it ok for law to consider. Or still it will be against law

R.Ramachandran (Advocate)     21 June 2018

THE LAW DOES NOT STAND IN YOUR WAY OF SELLING.  BUT THE BUYER MAY THINK HUNDRED TIMES BEFORE BUYING - as a minor has interest in the property which he is going to buy.

1. The first and foremost question is - whether the buyer is willing to purchase the property (without Court's permission) wherein a minor's interest is also there?

2. The main worry of the buyer in those cases is "what if the minor turns around and questions the sale"?

3. The proposal to purchase a new property in your name - and then to make a WILL giving 50% share each to your married daughter and your minor daughter will definitely ensure that your minor daughter does not raise any query about the disposal of the property wherein her minor share was there.  (BUT before that, you have to sell the present property.  The question is whether is there any buyer who is willing to buy - without court's permission?)  If you answer this, then point 1 and 2 will have meaning - otherwise not.


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