As you may be aware that sale and purchase of immovable property is done through an agreement binding on parties. In Pakistan only an adult having age of 18 years or above can enter into agreement for sale of immovable property. However, this does not mean that minor cannot own, acquire, sellortransferan immovable property. Most of the time minor acquires immovable property as a result of succession in respect of Estate, left behind by deceased relative. Similarly, father can purchase a property or transfer via gift in favor of minor. Such immovable property, no matter if solely or jointly owned, can be transferred or alienated by the minor in name of third party but with permission of the competent court. In this article we will discuss the procedure for selling the immovable property owned by minor.
Who Is Considered a Minor under Pakistani Law?
Under Pakistani law, any person below the age of 18 years of age is considered a minor. A minor under law is presumed not having capability or capacity to manage or sell his property on their own. The main objective of the law is to protect the minor and his property and therefore, minor cannot enter into a contract regarding sale of property or otherwise. However, if it becomes necessary to sell the property of the minor, court permission is mandatory exercise without which property of minor cannot be sold, transferred or alienated in name of third party.
Who can apply for permission from court on behalf of the minor?
Usually one or both parents can apply for permission from court to sell the immovable property of the minor. Where parents are deceased or due to some arrangement minor is in custody of another person, such person can also apply in court seeking permission to sell property owned by minor.
What is the Procedure for taking permission to sell property of the minor from court?
Step to Step procedure for obtaining permission from court regarding sale of property of the minor is as follow:
- Appointment of Guardian for Property – Person seeking permission from Court regarding sale of property of the minor is firstly required to file a petition under Section 7 of the Guardian and Ward Act, 1890, to be appointed as Guardian for property of the minor.
Following is the crucial information required to be given in the petition:
- Age of the minor
- Minor is required to be produced in court for satisfaction of the court.
- Description of property
- Proof of ownership of property in name of minor
- Relationship of petitioner with minor
- Detail of existing close relatives of the minor including parents and siblings
- Reasons for applying for guardianship of property e.g for management or sale of property
- Detail of any other facts necessary as it vary from case to case.
- Guardianship Certificate issuance – Court for its satisfaction can require any close relative of the minor to come in court for recording of the statement in addition to statement of the petitioner. Once satisfied with oral and documentary evidence given, the court issues the Guardianship Certificate. Important to note that the Court before issuing the Guardianship certificate may also require the petitioner to tender any person to offer surety of such amount as may be deemed fit. Nonetheless, usually surety amount fixed is equal to the value of the property for which petitioner seeks to be appointed as the guardian.
- Apply Permission for Sale of Immovable property of minor – Only after the Guardianship Certificate is issued, application is filed with same court seeking to allow permission to sell the property of the minor. In the permission application it is important the Guardians establishes that permission for sale is required in the interest of the minor. Interest of the minor may vary from case to case but is important and without which permission for sale is not granted by the court of law.
Conclusion
Property of minor cannot be sold by any person other than the Legal Guardian for property of minor, appointed by the court and without permission from same court to sell such property. Schedule an appointment with our expert team for consultation or assistance.
