What rights minor has in undivided interest in joint family property?
29-Sep-2023 (In Civil Law)
After the death of my father their property belongs to us we want to sell property wherein my mother one brother two sister one is and me are extract in 7x12 of the property.but one of my sister is the only minor her age at the point of time is 16yrs. according to the hindu minority and guardian act ,1956 sec 12.can we sell out that property without the permission of court.becouse it's not the separate property of minor it is the undivided joint family property.
First you will have to apply for the partition of the hindu undivided joint family property, thereafter the court will appoint a legal guardian for the minor sister. 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 and 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.
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