Percentage of property on minor child's name
11-Jun-2025 (In Property Law)
My divorce settlement has a clause where my ex husband can put in a certain amount if I buy a flat.That money which would be a certain percent of the total cost of flat would be in minor son 's name and rest percent of property would be owned by me,the mother.How do we go about this in terms of legal paperwork and documentation
As per terms and conditions of the divorce your husband can contribute certain amount. Ask him to make the payment from his account and the details of payment can be noted in the agreement for sale. The flat can be purchased in the name of minor having share in the flat through her natural guardian that is her mother the ratio of the ownership can also be mentioned in the flat cell agreement.
Draft a Supplementary Agreement: Prepare a legally binding agreement referencing your divorce settlement, clearly outlining the contribution your ex-husband will make, the amount or percentage, and its purpose for the benefit of your minor son.
Property Title Structure: When purchasing the flat, ensure the sale deed reflects the ownership division — for example, “X% in the name of the minor son represented by his mother as natural guardian, and Y% in the mother's name individually.”
Minor’s Share Protection: Open a separate bank account for the minor or use a fixed deposit linked to the son’s name to show the source of funds. The minor’s share must be safeguarded and cannot be sold or transferred without court permission.
Affidavit & POA: Execute an affidavit declaring the source and purpose of funds. Optionally, obtain a Power of Attorney if needed for any transactions.
Court Permission (if required): If later any transaction is needed involving the minor’s share (like sale), prior permission of the jurisdictional family or district court is mandatory.
Dear client based on your query, ownership rights may be structured to align with the minor’s future interest while ensuring the guardian’s contributory share is reflected proportionately through appropriate documentation, also help you regard the process and in legal ways for which you can connect with us.
I’ve gone through your query.
When a flat is being purchased with shared contribution as per a divorce settlement — part in the mother's name and part in the minor child's name — proper legal structuring is very important. Since minors can't directly enter into contracts, there are specific procedures to follow to safeguard ownership and avoid future disputes.
The exact paperwork depends on the terms of your settlement and how the payment is being made.
Let me know once you're ready; happy to guide you further with the right documentation and process.
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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