Legal queries regarding purchasing an apartment
I intend to buy an apartment in Mumbai where the registered owner died earlier this year and the property got transferred in the name of his wife. The building society has endorsed her name on the share certificate as well. She has three kids one daughter 21 years, elder son 24 years and younger son 17 years 4 months. Now the problem is my documents consultant is saying that the registration requires all Legal Heirs to be included as the parties on the sale agreement but the younger son cannot be made a party because he is still a minor. So basically with him I cannot get into any agreement and without him this agreement wont happen. They gave me two options 1. Wait till the minor becomes 18 2. Get the court permission for this agreement (but that can take up to 4 months to procure) Is there any way in between that is legally possible?
Section 4 (2) of the Guardians and Wards Act, 1890, explains that a guardian can be appointed to take care a minor and his/her property. Section 28 of the Act allows the guardians to sell or mortgage property for appropriate reasons.
Since mother is a natural guardian, you could ask your lawyer to pursue this idea and convince the minor’s mother to expedite this process by approving the sale on his behalf.