Legal Question in Real Estate Law in India

An apartment is jointly owned by father A and his son B(30 yrs). B dies, leaving his wife and a 3yr old minor daughter, and his mother (wife of A) as legal heirs as per the Hindu Succession Act. As the family has shifted to another city after the death of B, and also as A wish to sell the property to simplify his financial matters, it is decided to sell the property. Wife of B is the natural guardian of her daughter. Whether she has to seek a court's prior permission to sell that 1/6 share owned by the minor? I have read in a case study that the Hindu Guardianship and Minority Act, under which a court's permission is required applies only when the minor is the sole and absolute owner of an immovable property. If this is correct, then can she go ahead with the sale without court's permission?

Asked on 10/23/11, 5:42 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You may apply for court's permission to sell minor's share, only if the buyer insists. Otherwise, mother, as natural guardian, may sell minor's share in the property with a recital that the sale is being effected "in the interest of the minor and that the sale proceeds shall be invested elsewhere for minor's benefits".

Answered on 10/23/11, 8:01 pm

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