Advice

Can father sell minors property?

Can father sell minors 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.

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.

How do you transfer property 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.

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Can mother sell property of minor son Philippines?

You can sell your minor child’s property, provided that you have secured the approval of the court to sell the same. Article 225 of the Family Code of the Philippines recognizes the parents’ guardianship over their minor child’s assets without the need of a court pronouncement in the following manner: “Article 225.

Can you put a house in your child’s name?

Title Issues. Adding a child’s name to a deed gives him or her an ownership interest in your home. As a result, you cannot sell the home or refinance your mortgage without your child’s permission. Technically speaking, your child could even sell his or her share of the property without your consent.

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.

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Can we recover money from minor?

Position of Minor under Contract Act 1872: Consequently, the minor is entitled to recover money which he paid to the vendor as consideration on condition that property is restored to the vendor. Minor can be a promisee. Minor is wholly incompetent to transfer of property.

At what age can a child decide which parent to live within Philippines?

seven years
For children older than seven years of age, they have the right to state their preference. However, the court is not bound by the children’s choice as it also has to exercise its discretion by ensuring that the parent who gets the custody is deemed fit for the role. The custody may also be given to a third person.

Can mother sell father property without consent of son?

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. And if property disposed without consent can be reclaimed.