Hindu Minority & Guardianship Act | Adult Head Doesn't Require Court Permission To Sell Minor's Undivided Interest In Joint Family Property: Allahabad HC

The Allahabad High Court has held that on a combined reading of Sections 6, 8 and 12 of the Hindu Minority and Guardianship Act 1956 no permission of the Court is needed by the adult head of Hindu family for disposing of the undivided interest of the minor in joint family property.

Section 6 of the Act provides that for a Hindu minor and the minor's property (excluding their undivided interest in joint family property), the father shall be the natural guardian and after him the mother is the natural guardian.

Section 8(1) of the Act provides that though the natural guardian of a minor may do all acts necessary, proper and reasonable for benefit of the minor or for the realization, protection or benefit of the minor's estate. However, Section 8(2) places an embargo on mortgage or charge, or transfer by sale, gift, exchange or otherwise, of any part of the immovable property without prior permission of the Court.

Further, Section 12 of the Act provides that where the minor has undivided interest in joint family property which is managed by an adult member of the family, no guardian may be appointed in respect of such undivided interest.

“Under Section 8 a natural guardian of the property of the Hindu minor, before he disposes of any immovable property of the minor, must seek permission of the court. But since there need be no natural guardian for the minor's undivided interest in the joint family property, as provided under sections 6 and 12 of the Act, the previous permission of the Court under Section 8 of disposing of the undivided interest of the minor in the joint family property is not required,” held Justice Ashutosh Srivastava.

Factual Background

Plaintiff/ Appellant's husband died leaving behind 3 daughter and his mother. The deceased had ½ share in the disputed property, whereas the other half belonged to his father. After the death of Appellant's husband, her father-in-law executed a gift deed in her favor, giving her his ½ of the property. Her mother-in-law also gifted her portion of the share (10% of the total property) to the appellant. Accordingly, appellant owned 70% of the house and the rest 30% belonged to her minor daughters by way of inheritance.

Appellant sought permission under Section 8 of the Hindu Minority and Guardians Act 1956 to sell the house. However, the Additional District Judge, Saharanpur rejected appellants application on grounds that the appellant did not disclose the details of the property she sought to purchase in Punjab and what was the valuation at which she was selling the property. It was stated that the property being a VIP area could be rented and the rental income could be used for benefit of the minor children.

Counsel for appellant argued that the application was dismissed based on conjectures and surmises when the circumstances for selling the property were clearly stated in the application. It was argued that the application could not be rejected for want of details of the future property and the valuation at which the property is being sold. It was further stated that the opposite parties had given their consent to disposal of the property which was not considered by the Trial Court.

High Court Verdict

The Court delved into the question whether there was any requirement of permission of the Court for disposing of undivided shares of minor children.

Dealing with Sections 6, 8 and 12 of the Hindu Minority and Guardians Act, the Court held that natural guardian is not necessary for the undivided interest of a Hindu minor in joint family property. Further, the Court held that under Section 12 of the Act, adult member need not necessarily be a karta or a male member of the family. Any adult member of a Hindu joint family can deal with the undivided interest of the minor in joint family property.

The Court held that though the High Court has the power to appoint guardian in certain situations, in the present case and according to the Hindu Minority and Guardians Act there is no requirement for a guardian for disposing of the property.

Accordingly, the Court held that Section 8 of the Act shall not be applicable to the facts of the case. Appeal filed by the mother to sell the property was allowed.

Case Title: Smt Preeti Arora v. Subhash Chandra Arora And Another 2024 LiveLaw (AB) 172 [FIRST APPEAL FROM ORDER No. - 272 of 2024]

Case Citation: 2024 LiveLaw (AB) 172

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