Can i buy property on my minor child name
26-Jun-2023 (In Property Law)
My daughter is minor (15 year 10 months as on date). Can I purchase a property, for example apartment on my daughter name?
Can a property be registered in the name of a minor in India?
Yes you can purchase property in your daughter's name. As she is minor she should be represented by you for registration of property in her name. Once you purchase the property you will not be entitle to sell it in future without the permission of court, unless she attains majority.
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How minor can sell his property?
Section 11 of Indian Contract Act 1872 states that a minor is not allowed to enter into a contract. A minor is not allowed to sell the property he owns until he reaches majority. There is no legal obstacle to the guardian registering property in a minors name. 08-Aug-2021
Can a minor inherit property in India?
In India, minors can acquire property through inheritance, wills, trusts or gifts. It is important to protect a minors rights and interests if they inherit property from a relative who has passed away. 04-Aug-2023
How can I transfer property to minor child in India?
Minors cannot form contracts and therefore they cant give property. A gift deed that is signed by a minor is invalid and void. A natural guardian may accept a gift for a donee who is a minor. 01-Aug-2023
Can a minor be home owner?
The legal age to buy property in India in 18 years. However, a minor may be able to purchase a property as long as the deal has been finalised by the guardian and the paperwork is properly handled. 10-Jan-2023
You can buy a flat in the Apartment in the name of your minor daughter under your guardianship being natural father and can register on her name after attaining majority through court only. You are not supposed to sell before attaining her majority and if you required, you can take the permission of the Court.
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In India, it is legally possible to buy property in the name of a minor child, but there are certain legal considerations and procedures that need to be followed:
- Guardian: A property purchased in the name of a minor child is typically held in trust by a legal guardian, often one of the parents. The legal guardian has the responsibility to manage and protect the property on behalf of the minor.
- Legal Formalities: The property purchase should adhere to all legal formalities, including the payment of stamp duty and property registration, as required by Indian law.
- No Disadvantage to the Minor: The purchase should not put the minor at a disadvantage or harm their interests. The property should be for the benefit of the minor and should not be used for any unlawful purposes.
- Court Approval: In some cases, court approval may be required for the purchase of property in the name of a minor, especially if it involves a substantial amount of money or valuable assets.
- Minor's Rights: The minor has the right to the property once they reach the age of majority (18 years in most states in India). At that time, they can take possession of the property and make decisions about its use.
- Documentation: All transactions related to the property purchase should be well-documented, including the appointment of the guardian, property deed, and any court orders if applicable.
- Income Tax Implications: Any income generated from the property, such as rent, will be treated as the minor's income for income tax purposes. The guardian is responsible for managing the minor's income and paying any applicable taxes.
- Protection of Minor's Interests: The primary purpose of buying property in the name of a minor is usually to secure their future. It is essential to ensure that the property is maintained and used for the minor's welfare and best interests.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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