Wednesday, January 12, 2011

MINOR'S PROPERTY

If the natural guardian or any other person want to sell or mortgage etc., the property of a minor,  the permission of the Dist. Judge concerned is mandatory.

But if it is the Minor's undivided interest in joint family property, the permission as mentioned above is not necesary., because  as per section 6 of the Hindu Minority And Guardianship Act, 1956, the application of the natural guardianship is to the extent of the minor's individual proerty only.

And section 8 of the said act, the natural guardian should take the prior permission of the Dist.Judge. concerned for the sale, mortgage etc., of the minor's property.

The combined reading of the both the sections reveals that when there is no question of the natural guardianship, there is no necessity of taking the permission of the court.

And with regard to the minor's interest of the joint family property, the minor can represent  
by his father, and/or mother ( the question of guardianship does not arise here ).


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