Query regarding the property ownership when buying apartment

[gic82]

Had a query on buying a property. Recently we are palnning to buy an apartment and was doing some legal search before going to lawyer, I have gone through the link http://www.vishalconst.com/PropertyBuyingTips.asp , There section about Minors.

I have looked at my builder's document found this Scenario

1. A has won the case in court regarding some property.
2. 'A' has sold the property to 'B'. A has 3 minor kids of whom the eldest is 13 in 2008 and youngest is 7.
3. 'B' has sold property to 'C'
4. 'C' is building the apartment where we are planning to buy.

Now my query is if Minors are involved we need to take no objection from court (according to above link). I am not sure if they have taken. If not Is there any way we can take that now. Or how we need to proceed on this?

Geetha

[RAVIKANTH]

If property was a self-acquired property by "A", the minors of A can not do anything then, now or later.

On the other hand, if it was ancestral property that "A" inherited, then the Minors of A can put everybody into trouble now.

[Vimal]

So, what is required by law to prevent minors claiming their share in property when minors turn major ?

Can a letter (sort of no-objection-certificate) from minors be sufficient when they turn major ?

Regards
Vimal

[RAVIKANTH]

No, such a thing is not enough. It has no value.
Minors turning into majors, their wives/husbands, their grown up children should all sign as "Consenting Witnesses" in the Absolute Sale Deed during registration in Sub Registrar's office.
Here too again, if I understand it right, there is a "time limit" for minors-turning-into-majors to lay claim over the property within 12 yrs from the date they become majors. They cant suddenly wake up after 50-60 yrs and then file a suit against u. The judge will throw the case out of the window.
All above is with regard to "inherited property".
As I said, if it is self-acquired property owner selling it to u, none can trouble u because the law says so.
So, instead, it is better to buy from someone who is selling a "self acquired" property, in which, if the spouse signs as consenting witness, u are safe from all future troubles, possible litigations.
For a deeper insight, an Advocate member in this forum should advise here, as answer to your query.

[arigilamurali]

Dear Vimal,
You can not take any such no objection certificates from minors which has no legal santity.
First of all you should enquire whether property is self acquired of property of A or not. As per your information property may be self acquired property of A as he won in court case.

secondly if it is joint family / ancestral property, A sold the same for the well fare of the family OR legal necessities ,then minors can not do any thing .
Even if minors want file case against A and subsequent purchasers they should file case within 3 years from the date becoming majors.
even they file any such suit they should have to prove that income acquired from the sell has been misused by his father and all others aspects.
Even if minor win in the said legal battle ,minor may get his share but not entire property and if any other property is available court may allot such property to minor and s alienated the property will be allotted A share .

regards
murali advocate

[Vimal]

Thank you Ravikanth and Murali for your response.

My scenario is as follows: Through a court decree 'A' got a share of ancestral property and 'A' signed up a joined development agreement with a builder. The builder then made N number of plots and split them into two pools of plots say, X & Y so that X + Y = N. The builder share is X number of plots and 'A' got Y number of plots. Now 'A' has a minor child and so he signs up an affidavit notarized in a stamp paper saying he has retained some plots from his share of Y number of plots for the benefit of his minor child. I bought a plot from the builder pool of X plots. Based on your responses, there is no chance 'A's minor child can claim ownership of my plot. Is that correct ? Is that affidavit alone suffice ?

Thanks
Vimal

[Vimal]

Mr. Murali,

Can you please share your thoughts regarding my query below ?

Thanks
Vimal

Thank you Ravikanth and Murali for your response.

My scenario is as follows: Through a court decree 'A' got a share of ancestral property and 'A' signed up a joined development agreement with a builder. The builder then made N number of plots and split them into two pools of plots say, X & Y so that X + Y = N. The builder share is X number of plots and 'A' got Y number of plots. Now 'A' has a minor child and so he signs up an affidavit notarized in a stamp paper saying he has retained some plots from his share of Y number of plots for the benefit of his minor child. I bought a plot from the builder pool of X plots. Based on your responses, there is no chance 'A's minor child can claim ownership of my plot. Is that correct ? Is that affidavit alone suffice ?

Thanks
Vimal

[arigilamurali]

Dear vimal,
The question raised by you his based on presumption that in future A 's chilldrean may file suit against the purchasers.
First of let me through which type of decree A acquired the property.Whether it is Partition decree or any other type of decree.
Lets assume that it is partition decree,then definettelly property is ancestral property.

The Affidavit sworn to by father A stating that he had retained sites are for the sake minor is not binding minor in any manner,more so there will be no guarantee that whether A will retain the same till his children will become major.

any how since yo have already purchased and hat it is an residential apartment , nobody can much-less minors can interfere with you.
Dont think future consequnsees.nothing will happned as their father has taken share, if at if minors want file case they may restrain their only only to the extent of the share allotted to their father A in order maultification of litigation..

rgards
murali adv

[Vimal]

Yes, it is a partition decree and the property is a plot.

Thank you for taking time to reply. I really appreciate it.

Regards
Vimal