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Can minor's property be sold by the other family members
19-Apr-2023 (In Property Law)
my father purchased a house. After his death our name has been attached to 7/12 extract as heir wife ,2 sons and 2 daughters. total 5 people name is in 7/12extract as heir. youngest daughter's age is 16year old we want to sell property, some lawers say district court permission is needed to sell the property in name of minor but some say that permission is not needed with supreme courts latest clause property can be sold without permission i am confused. Please tell me what to do?
As per Section 12 in case where a minor has undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian is required to be appointed for the minor in respect of the undivided interest. Further, as noted above Section 6permits the natural guardian of a Hindu minor to act in respect of the minor's property excluding his or her undivided interest in joint family property. Section 8 deals with the power of the natural guardian which provides that the natural guardian without the previous permission of the Court cannot mortgage or charge, or transfer by sale, gift, exchange or otherwise, part with the possession of the immovable property. In Narayan Bal((1996) 8 SCC 54) the Supreme Court held:
"4. Section 8 thereof inter alia provides that the natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. Furthermore the natural guardian shall not, without the previous permission of the court, mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor or lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming on behalf of the minor. Section 12 provides that where a minor has an undivided interest in the joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest: Provided that nothing in this section shall be deemed to affect the jurisdiction of a High Court to appoint a guardian in respect of such interest.
Thus, you are required to take permission from the court.
"4. Section 8 thereof inter alia provides that the natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. Furthermore the natural guardian shall not, without the previous permission of the court, mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor or lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming on behalf of the minor. Section 12 provides that where a minor has an undivided interest in the joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest: Provided that nothing in this section shall be deemed to affect the jurisdiction of a High Court to appoint a guardian in respect of such interest.
Thus, you are required to take permission from the court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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