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Legal heirs are minor how can I purchase the property
01-Jul-2023 (In Property Law)
I want to purchase a house. land owner died last four years back.he is having two childs(two daughters) .Both of them are minors I had done agreement for purchase. I have opted for loan process. Here the bankers have one query that owner wife has to provide the court permission to sell for they livelihood.Now the owners wife is read to provide the Notary/Affidivate and anything other than court petition and permission which might take 3 moths process and also have concerns to visit court regularly with her childrens. What I have to do now to get my loan process sanctioned
Sir,
1. In the instance , the property of the minor would be governed by section 8 of the Hindu minority and guardian ship Act 1956 Act , which does NOT allow guardian to sale property without prior permission of the District Judge.
2. You can file application to the district judge u/sec.8 of this Act , but The application should have to justify the need of sale for the benefit of the minor. Such as , educational expenses or otherwise general maintenance .
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Krishna Murthy Pasupula| Advocate| Hyderabad|
1. In the instance , the property of the minor would be governed by section 8 of the Hindu minority and guardian ship Act 1956 Act , which does NOT allow guardian to sale property without prior permission of the District Judge.
2. You can file application to the district judge u/sec.8 of this Act , but The application should have to justify the need of sale for the benefit of the minor. Such as , educational expenses or otherwise general maintenance .
_____________________________________
Krishna Murthy Pasupula| Advocate| Hyderabad|
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Adv. Krishna Murthy Pasupula
Hyderabad | 100+ Answers
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Hi
For any minor property court permission is mandatory. The owner's wife has to just submit the following
a) Death certificate
b) family member certificate and
c) an Undertaking that she is the mother and natural guardian of the children and she will keep the share of the sale proceeds accruing to the children as Fixed deposit in a National bank. The court will grant her permission with in 90 days if there are no claimants.
the owner's wife can appoint a lawyer who will do all of the things required and she needs to attend court only twice.
better ask the owner's wife to get the court permission for her own benefit and also your benefit.
For any minor property court permission is mandatory. The owner's wife has to just submit the following
a) Death certificate
b) family member certificate and
c) an Undertaking that she is the mother and natural guardian of the children and she will keep the share of the sale proceeds accruing to the children as Fixed deposit in a National bank. The court will grant her permission with in 90 days if there are no claimants.
the owner's wife can appoint a lawyer who will do all of the things required and she needs to attend court only twice.
better ask the owner's wife to get the court permission for her own benefit and also your benefit.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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As the agreement holder i.e. landowner has died his legal heirs are legally bound to execute the benefit to you under the said agreement. As such, if the legal heirs are minors, court permission is required to dispose the minors property but in your case the agreement has already been entered by the deceased and it is only the executory part of agreement that is pending, Hence, Affidavit by mother shall serve the purpose. Pls. stand corrected that the concerns regarding "court visits are wrong". The parties are rep. by advocates and you only need to attend to give evidence and need not appear regularly.
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sir,
first the minors mother if their, she has to file guardian petition and for the purpose of the children, she has to take permission to sale the property from the court, the court has to give permission to sale the property.
first the minors mother if their, she has to file guardian petition and for the purpose of the children, she has to take permission to sale the property from the court, the court has to give permission to sale the property.
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59+
59+
Adv. S.Malla Reddy
Hyderabad | 100+ Answers
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