Who can sell minors property?
The minors property cannot be sold without the permission from court. Even if sold it, the minor has the right to challenge it on her attaining majority. PETITION FOR PERMISSION TO SELL MINOR’S PROPERTY UNDER THE GUARDIANS AND WARDS ACT .
Can father sell minor’s property?
Sale and disposal of immovable property owned by a minor
As per the provisions of the Hindu Minority and Guardianship Act, 1956, any property or share in property owned by a minor, cannot be sold or disposed of by the natural guardian of the minor, without taking permission from the court.
Can mother sell property of minor son?
Share of minor children can not be sold without the approval of the District Judge, 5. You can challenge the said sale deed now before the Court of law.
How do you sell a minor property?
The natural or legal guardian of minor will have to file a petition under Guardians and Wards Act in the court of Guardianship Judge to seek the permission of the court to sell the share of the minor.
Can a property be transferred to a minor?
A minor can also acquire an immovable property by way of gift. A minor is not competent to contract as per the Indian Contract Act, 1872 but as per the provisions of the Transfer of Property Act, 1882, a minor can accept a gift of an immovable property, without the intervention of his guardians.
Can a child hold property?
A child under 18 cannot take legal title to property, so there are two ways in which the property can be held: a simple ‘bare trust’ or a more formally constituted trust, such as a life interest or discretionary trust. Under a ‘bare trust’, another person holds the title to the property as a nominee.
Can my mother sell property without my consent?
Your mother can sell a property if she has purchased the same from and out of his own funds and you can not question the same. … Even if she purchased a property of of the funds from others she can not sell without getting consent of other family members if any, including you.
Can my father take back the property registered on my name when I was minor?
Thus, if your father is able to show that the property was bought by your father’s money then your father can take back the property. Yes your father can make a new will after obtaining the title of the property.
Can my father sell his property without my consent?
No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court.
Can a legal guardian sell property?
LEGAL REQUIREMENTS
For real estate purposes a guardian of the estate must be appointed. In general, without a court order, a Guardian has no authority to sell, mortgage, lease or otherwise encumber any property owned by a Ward.
What is natural guardian?
Natural Guardian: The natural guardians of a Hindu, minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are – (a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the …
What is the de facto guardian?
A de facto guardian is a person who takes continuous interest in the welfare of the minor’s person or in the management and administration of his property without any authority of law.