Property, Documentation & Inheritance

Can a mother sell property belonging to her minor child? I explain the legal process, which requires obtaining "permission to sell" from the court. I also clarify that such a sale is a voidable contract, which the minor can challenge after turning 18.

While a Will transfers ownership, it comes with practical difficulties. I explain why banks often refuse to grant loans against a property acquired through a Will and why getting a Relinquishment Deed from other legal heirs is a more secure alternative for future transactions.

Unlike a Will, a registered Relinquishment Deed (Haq Tyag) cannot be easily cancelled at the sub-registrar's office. I explain that it can only be revoked through a court of law within a three-year limitation period and only on specific grounds like fraud or coercion.

Under Muslim personal law, you can only bequeath one-third of your immovable property through a Will (Wasiyyat). I explain this rule, the conditions under which you can give more, and how the law changes if your marriage is registered under the Special Marriage Act.

If you live in Delhi but need to sell a property located in another state, you can execute a Special Power of Attorney (SPA). I detail the process, the stamp duty involved, and the important clause that ensures the sale consideration is credited directly to your account.

For NRIs wanting to sell or rent property in India, I explain how to execute a Special Power of Attorney from a foreign country. The process involves notarization, verification by the Indian embassy, and subsequent registration in India within 90 days.

If a person in judicial custody needs to sell or gift their property, they don't need to visit the sub-registrar. I explain the provision under Section 38 of the Indian Registration Act, which allows for a commission to be sent to the jail for executing the documents.

A nominee in a bank account or property is only a trustee, not the owner. I clarify this common misconception and explain that the legal heirs of the deceased are the true owners and can file a recovery suit against the nominee if they refuse to hand over the assets.

The Supreme Court has mandated that if a civil suit involves a cash transaction over ₹2 lakh, the court must inform the Income Tax Department. I explain this ruling and how it also applies to property registrations, aiming to curb the use of unaccounted cash.