POSTED BY January 4, 2013 4:37 pm ONE COMMENTON
A man is single owner of a flat. In WILL, he has allocated his flat to his daughter and he has mentioned that the person’s wife will act as guardian in case daughter is minor at the time of execution of the WILL. Now the man dies while his daughter is minor. So whether the wife (who is acting as guardian for the daughter) can sell the flat which is donated to the daughter as per the WILL ?
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One reply on this article “Whether assets can be sold by guardian ?”
There are cases in which such sales have been declared null and void by the court.
I think it is best to seek a courts permission but one has to convince the judge the sale is made for the benefit of the minor. The judge may agree only under most extenuating circumstances
Best to seek a lawyers advice to move forward
The issue is tricky because once minor becomes a major he/she can object to the sale!