Sale of Minor’s property cannot be done without obtaining the prior permission of the Court.

In view of the provisions of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 one cannot mortgage or charge, or transfer by sale, gift of the minor’s property without taking prior permission of the court.

The Apex Court affirmed in its recent finding that in view of the provisions of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 one cannot mortgage or charge, or transfer by sale, gift of the minor’s property without taking prior permission of the court. The Court rejected the plea that sale of property in order to take care of minor and for their livelihood the sale affected was justified. It was contended in the instant case that the mother being the head of the family sold the land for the sustenance, maintenance, education and marriage of her daughters. Section 8 of the Hindu Minority and Guardianship Act, 1956 provides that a natural guardian of a Hindu minor is empowered to do all such acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor’s estate, etc. Section 8(2)(a) specifically provides that 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 if done the transaction would be voidable at the instance of the minor or any person claiming under him. The court clarified that in the instant case after the death of father, the share of the daughters became definite and thus any sale brought into affect by the mother without obtaining Court’s prior permission becomes voidable at the instance of the minor. Saroj vs. Sunder Singh & Ors. (25.11.2013, SC)