Can I sell minor's share of property?, can guardian sell minor's property ?

285 votes

In India, a mother cannot generally sell her minor son's property without obtaining prior permission from the court. Under Section 8 of the Hindu Minority and Guardianship Act, 1956 and Section 29 of the Guardians and Wards Act, 1890, a natural guardian, such as a mother, must seek approval from a competent court typically the District Court before selling or transferring a minor's immovable property.

If you are the natural guardian of a minor, you may have the authority to transfer the minor's estate under Section 8 of the Hindu Minority and Guardianship Act, 1956. However, such a transfer would require prior permission from the District Judge.

Under Section 8, it is generally stated that no immovable property of the minor can be mortgaged, charged, or transferred by sale, gift, exchange, or otherwise without the previous permission of the court (District Judge). This means that the natural guardian - father or mother can sell the property of minor son but he/she would need to seek permission from the court before selling the property belonging to the minor son. He/she is responsible for acting in the best interests of the minor and managing their property.

If the mother has been legally appointed as the guardian of the minor son's property, she may have the authority to manage and make decisions regarding the property, including selling it, subject to the supervision and approval of the court. However, such authority is granted through a legal process and is subject to the specific circumstances and the court's discretion.

LawRato LawRato

854 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.

Advocate Ritagya Riti Singh LawRato

599 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,"

Advocate Alok Kumar Tripathi LawRato

749 votes

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.

Advocate Rahul Rajput LawRato