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Regarding Selling Of Parental House
30-Oct-2024 (In Property Law)
I am a hindu unmarried working lady.I used to live with my parents in my father's home. In 2021,my both parents & only elder brother (working & living in other city ,married + having 2 minor children )passed away in covid. My parents didnt make will. Since I was living with parents & now alone at parental home so I inserted my name,my late brother's wife & her 2 minor girls name in varasat of my father's home and also in mutation of that house. Same done for a plot bought by my mother. Now alone I m unable to look after all these properties as rest of the 3 members live in other city. We have planned to sell out the house and plot. I want to know whether we can sell the property at the sub registrar office /tehsil with my sis in law being the legal guardian of her two daughters? Is she authorised to sign on her minor childrens behalf.Is it true that property can't be sold if varasat has minors name? My 2nd Ques: Who r exact owners of these prop in this case, me & my nieces or all 4?
on the above mentioned query the answer of your second question is all alive members are owner/ title holders of the said property's.
and the answer of the first question is that obviously the of your brother is legal guardian of minor daughters but as per guardian and wards act, if major wants to sell the property of minors share, he/she should be file a permission suit for sale of minors share in the court of district judge. the only district judge have powers to permit for sale of minors share of property.
it is a paramount duty of the court to permit on the ground of welfare of children.
so, first she have to file a case under guardian and wards act then when she get the order/judgement, the mother of minors and you have the powers to sell the said property.
and the answer of the first question is that obviously the of your brother is legal guardian of minor daughters but as per guardian and wards act, if major wants to sell the property of minors share, he/she should be file a permission suit for sale of minors share in the court of district judge. the only district judge have powers to permit for sale of minors share of property.
it is a paramount duty of the court to permit on the ground of welfare of children.
so, first she have to file a case under guardian and wards act then when she get the order/judgement, the mother of minors and you have the powers to sell the said property.
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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hi you can go under family law. law of succession. you will be the class one heir .law of succession states about devolution of property. however it is not clear whether the property is self acquired or independent. as far as the covid is concerned there are covid guidelines
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Adv. Spiti Sarkar
Greater Noida | 25+ Answers
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