Procedure to buy property if owner has died

983 votes

I want to buy land from one party(He was died).he is having son and grand son .Grand son is minor .some where i read for buying minor property court permission is required .Is court permission is required to buy minor property.

first his legal heir (son) have to get legal heir certificate/succession/mutation of the property .
then he will sell.
Is court permission is required to buy minor property.
yes .court will appoint the legal Guardian.

Advocate Yadagiri Mailaram LawRato

708 votes

in reply to your question if the owner of the property died intestate without executing any documentation as to how the property should be shared after demise, the said property shall be claimed by all the legal heirs of the deceased. i.e., wife, sons & married and unmarried daughters being class -I legal heirs. in your case you have stated that the owner died leaving behind his son and minor grand son. The son being the Class-I, Legal heir is entitled to the estate of his deceased father, however to avoid future litigation it is safe if the son get's court permission on behalf of his minor son by filing petition seeking permission to sell the property. and further after getting permission from the court, said son along with minor grand son represented by his natural father shall execute the registered sale deed and the same will be perfect transfer of title and there will not be any future litigation arise from the minor grand son.

Advocate M Shivashekar LawRato

734 votes

The father of the minor can execute sale deed infavor of minor as guardian. Permission is not required from the court. But minor can challenge it within 3 years after attaing majority. The share of minor must be used for minor welfare

Advocate Suneetha Pilla LawRato

517 votes

First of all, you need to be certain about the surviving successors of the deceased, for which you ask them to furnish legal heir certificate or declaration from court that they are the only successors. Though court permission is required for selling minor property, the question doesnt arise in your case.

Advocate Naveen Kumar Ahir LawRato