Saturday, January 30, 2016

Guardian can't sell minors' share in property without court permission: SC

NEW DELHI: Sale of minors' property cannot be done without obtaining court's permission, the Supreme Court today held.
Quashing sale of properties of minor daughters by a widow 25 years ago, the apex court said that under Hindu Minority and Guardianship Act, sale of such property cannot be done without prior permission of the court.

"As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court," a bench of S J Mukhopadhyaya and V Gopala Gowda said.
"Under sub-section (3) of Section 8, disposal of such an immovable property by a natural guardian, in contravention of subsection (1) or subsection (2) of Section 8, is voidable at the instance of the minor or any person claiming under him," it said.
The court turned down the plea of the mother who justified selling of the property for taking care of her minor daughters and for their livelihood.
"In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage, there is nothing on record to suggest that previous permission of the court was obtained by the natural guardian before transfer by sale in question," the bench said.
The court passed the order on a petition filed by the daughters, who are now major, challenging the sale deeds of the property which was sold in 1988 by their mother.
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