By Arosh John | Founder – John Real Estate (MahaRERA Reg. No. A51700001835), Editor-in-Chief – Thane Real Estate News (TREN)
Thane | December 2025
Property transactions involving minor children as legal heirs require far greater care than ordinary succession cases. In Thane, several resale deals collapse or face long delays because sellers underestimate the legal restrictions that apply when a minor inherits property.
This article explains what changes when legal heirs are minors, when court permission becomes mandatory, how sale proceeds are safeguarded, and what buyers and lawyers expect—based on real transaction practice in Thane.
1. Who Is Considered a Minor Legal Heir?
Under Indian law, a minor is a person below the age of 18 years.
A minor becomes a legal heir when:
- A parent passes away, leaving property, and
- The minor inherits a share:
- Through a Will, or
- Through succession law, where no Will exists
Even though minors can legally inherit property, they cannot independently deal with or transfer that property.
2. Why Minor Heirs Change the Entire Transaction
When all legal heirs are adults, ownership consolidation and sale are relatively straightforward.
When one or more heirs are minors, the law imposes additional safeguards to:
- Protect the minor’s financial interest
- Prevent misuse or loss of inherited property
- Ensure the sale is genuinely in the minor’s benefit
As a result, ordinary consent is not enough.
3. Can a Parent or Guardian Sell a Minor’s Property Share?
No, not automatically.
Even if:
- The surviving parent is the natural guardian, or
- The parent is named in the Will as executor or beneficiary
They cannot sell or relinquish a minor’s share in immovable property without court approval, except in very limited circumstances.
This is one of the most misunderstood aspects of succession-linked sales.
4. When Is Court Permission Mandatory in Thane?
Court permission is mandatory when:
- A minor holds a share in the property, and
- The property (or the minor’s share) is proposed to be sold, transferred, or relinquished
This applies regardless of:
- Whether the property is jointly owned
- Whether other heirs are adults
- Whether the sale is between family members or to a third party
Without court permission, the transaction carries serious legal risk and may be rejected during buyer due diligence or future title scrutiny.
5. Which Court Permission Is Required?
Typically, the guardian must approach the competent civil court seeking permission to:
- Sell the minor’s share, or
- Transfer the entire property where the minor has an interest
The court evaluates:
- Whether the sale is necessary
- Whether the sale is in the minor’s best interest
- How the sale proceeds will be protected
Only after the court grants permission can the sale proceed lawfully.
6. What Does the Court Usually Safeguard?
Courts primarily focus on protecting the minor’s share of the sale proceeds.
Common safeguards include:
- Directing the minor’s share of proceeds to be deposited in:
- A fixed deposit, or
- A court-controlled or bank-controlled account
- Restricting withdrawal until the minor attains majority
- Allowing withdrawals only for:
- Education
- Medical needs
- Exceptional circumstances, with court approval
This ensures the sale benefits the minor and not just the adult heirs.
7. How Buyers and Their Lawyers View Minor-Heir Cases
From a buyer’s perspective:
- Transactions involving minor heirs are high-risk without court permission
Advocates typically insist on:
- Court orders
- Clear safeguarding of sale proceeds
- A clean documentation trail
Most buyers will not proceed unless:
- Court permission is obtained, and
- Sale terms explicitly reflect compliance
This is standard due-diligence practice in Thane.
8. Can a Release Deed Be Signed on Behalf of a Minor?
No.
A Release (Relinquishment) Deed:
- Cannot be signed by a guardian on behalf of a minor to give up property rights
- Cannot override the minor’s statutory protection
Any attempt to relinquish a minor’s share without court approval is legally vulnerable and may be challenged later.
9. Common Mistakes Families Make in Thane
- Assuming parental consent is sufficient
- Attempting to bypass court approval to save time
- Believing a Will automatically allows the sale of a minor’s share
- Listing property for sale before understanding minor-heir implications
These mistakes often surface late in the transaction, after buyer negotiations have already progressed.
10. Practical Guidance for Families in Thane
If minor heirs are involved:
- Identify the minor’s exact share early
- Consult a property or succession lawyer before listing the property
- Factor court timelines into your sale plan
- Set realistic expectations with buyers upfront
This avoids aborted deals, reputational damage, and financial stress.
11. Where This Fits in the Succession Process
- Will / Heirship → Identifies heirs (including minors)
- Probate / Court Order → Confirms ownership rights
- Court Permission → Enables lawful sale where minors are involved
- Protected Deposit → Safeguards the minor’s proceeds
Each step is intended to protect the minor’s long-term interests.
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and the Editor-in-Chief of Thane Real Estate News (TREN). With over a decade of transaction-level experience, he is widely recognised as one of the most trusted real estate experts in Thane, particularly for villas, premium apartments, resale properties, and succession-linked transactions. Through TREN, he publishes legally accurate, practice-driven insights that help families navigate complex resale situations with clarity, compliance, and confidence.
Disclaimer
This article is intended for general informational purposes related to property succession involving minor heirs in Thane. Legal requirements depend on individual facts and circumstances.
Readers are strongly advised to consult a practicing advocate or lawyer specialising in property and succession law before initiating any sale involving minor heirs.
