Can I sell minor's share of property?


is it possible to sell minors share in the property , pleaseadvise

Answers (3)


254 votes

Hello,
U/S 11 of the Hindu minority and guardianship Act, one cannot sell the property of a minor even if he is a de facto guardian. There are judgments of SC wherein it has been held that one has to take the court's permission to the extent of its satisfaction and only then can that person deal with the property of the minor. For further details you may contact me.


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206 votes

"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,"

"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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Dear Sir/Madam
Thank you for choosing me as your council and i will try to answer your query in most cordial manner.
In India, rights of 'minors' i.e. person who has not completed the age of 18 years, are protected specifically by one special Act called as "The Hindu Minority and Guardianship Act, 1956". The Act protects the rights of a Hindu Minor and also deals with legal relationship with his legal guardians. According to section 4(b) this Act, there are four kinds/position/classification of 'Legal Guardian', and rights, duties and obligations of 'legal guardians' towards the minor are different depends upon there classification under the section 4(b). I am assuming that Inquirer is a 'Natural Guardian' as specified in section 6 of the Act, of minor and in that case he/she can transfer the minors's estate under section section 8 of the Act. The section 8 of Act , specifically say that legal guardian can sell/transfer the minor's estate for benefit of minor after due permission of 'District Judge'. Your application shall be moved under section 8 of Act read with provisions of 'Guardians of Ward act 1890'. The application would have to justify the need of sale for the benefit of minor. The application shall contain all the information stated in section 11 of Guardians of Ward act 1890.
I hope your query is answered.

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