Transfer of inherited minor property share
12-Jun-2025 (In Property Law)
Hi
In 1998 present seller ramesh and suresh purached a BDA property from the allottee. In 2022 suresh dies due to cardiac arrest. Suresh legal heir are wife, major(19) elder daughter and minor(10 years) yourger daughter. Now I am planning to purchase a property. What's the action required for the minor inherited property share?
When dealing with inherited property, especially when a minor is involved, it's crucial to follow the legal procedures to ensure a smooth transaction. Here's a general outline:
Key Considerations
1. *Guardianship*: Since the younger daughter is a minor (10 years old), a guardian will need to be appointed to manage her share of the property. Typically, the mother (Suresh's wife) would be the natural guardian.
2. *Court Permission*: To sell the minor's share of the property, the guardian (mother) will need to obtain permission from the court. This involves filing a petition under the Guardians and Wards Act, 1890.
Steps to Sell the Minor's Share
1. *Appointment of Guardian*: If the mother is already the natural guardian, she can proceed with the court petition. If not, she may need to apply for guardianship.
2. *Court Petition*: The guardian (mother) will need to file a petition in the district court, seeking permission to sell the minor's share of the property.
3. *Court Inquiry*: The court will conduct an inquiry to ensure that the sale is in the best interests of the minor.
4. *Permission Granted*: If the court is satisfied, it will grant permission for the sale, and the guardian can proceed with the transaction on behalf of the minor.
Additional Requirements
1. *Documentation*: Ensure that all necessary documents, including the death certificate of Suresh, inheritance documents, and proof of guardianship, are in order.
2. *Consent of Major Heirs*: Obtain consent from the major heirs (wife and elder daughter) for the sale of the property.
imm
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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