I’m planning to buy a flat in Mumbai. The previous owner, a gentleman, passed away earlier this year, and his wife now owns the property. The building society has also updated the share certificate in her name. She has three children: a 21-year-old daughter, a 24-year-old son, and a 17-year-old son. My lawyer says all legal heirs must be included in the sale agreement, but the youngest son can’t be part of it because he’s a minor. This means I can’t sign an agreement without him, and it’s putting the deal in jeopardy. They suggested waiting until he turns 18 or getting court permission (which could take four months). Is there any other legal solution I can explore to get this property?

Apni Law
Apni Law
Law Forum › Category: Documentation › I’m planning to buy a flat in Mumbai. The previous owner, a gentleman, passed away earlier this year, and his wife now owns the property. The building society has also updated the share certificate in her name. She has three children: a 21-year-old daughter, a 24-year-old son, and a 17-year-old son. My lawyer says all legal heirs must be included in the sale agreement, but the youngest son can’t be part of it because he’s a minor. This means I can’t sign an agreement without him, and it’s putting the deal in jeopardy. They suggested waiting until he turns 18 or getting court permission (which could take four months). Is there any other legal solution I can explore to get this property?
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Apni Law Staff asked 1 year ago

I’m planning to buy a flat in Mumbai. The previous owner, a gentleman, passed away earlier this year, and his wife now owns the property. The building society has also updated the share certificate in her name. She has three children: a 21-year-old daughter, a 24-year-old son, and a 17-year-old son. My lawyer says all legal heirs must be included in the sale agreement, but the youngest son can’t be part of it because he’s a minor. This means I can’t sign an agreement without him, and it’s putting the deal in jeopardy. They suggested waiting until he turns 18 or getting court permission (which could take four months). Is there any other legal solution I can explore to get this property?

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Best Answer

Apni Law Staff answered 1 year ago

Indian law requires all legal heirs to be included in the sale agreement. Since the youngest son is a minor, his consent is not legally binding. You can consider appointing a guardian for him, who can sign on his behalf. This option could expedite the process and avoid a lengthy court procedure.

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