'Natural Guardian' Under Hindu Minority & Guardianship Act Can Act As 'Manager' Of Joint Family Properties For Herself & Minors: Bombay High Court

The Aurangabad bench of the Bombay High Court recently held that a natural guardian being the eldest member of a Hindu joint family can exercise powers to deal with the rights of the minors in the joint family, keeping in mind the aspect of legal necessity and benefit of the minor.

Single-judge Justice Santosh Chapalgaonkar quashed and set aside the December 1, 2023 order passed by District Court in Beed, by which the plea filed by one Pooja Popalghat for selling the land parcel in Pune for herself and her three minor children, was rejected. 

The judge noted that the land in Beed district, initially stood in the name of Pooja's husband and the same was later mutated jointly in her name along with her three children after her husband committed suicide. The court further noted that Pooja along with her children lived in Pune, where she worked in private sector and therefore, could not bear the expenses of her children's studies. She therefore, decided to sell the land parcel and use the same for her children's education and future and also for herself. 

However, when she made an application under the Hindu Minority and Guardianship Act before the civil judge in Beed District Court, the same was rejected on the ground that she had already deposited/paid the school fees of the children and that there was no outstanding remaining as such.

Pooja, thereafter, challenged the said judgment in a First Appeal before Justice Chapalgaonkar's bench, who referred to section 8 of the Act, relying on which the District Court dismissed her plea. 

Section 8 deals with the 'powers' of a natural guardian under the Act.

Referring to the provision, Justice Chapalgaonkar noted that the said provision expressly excludes 'undivided interest' of a minor in a joint family property. However, Section 8 cannot be read in isolation, which would have to be read along with Section 6, 9 & 12.

"Harmonious reading of the provision, in the backdrop of preamble of Act would show restrictions imposed by Section 8 cannot be applied to fluctuating interest of minors in undivided share in joint family property. Therefore, natural guardian being eldest member of joint family, in-charge of property, can exercise powers to deal with minors in joint family property keeping in mind aspect of legal necessity, interest and benefit of minor. Needless to state that no such alienation would be voidable at instance of minor if it is proved that same was made for legal necessity and for benefit of minor," the judge said in the order passed on February 24.

"This Court holds that appellant being natural guardian can act as manager of joint family for herself and on behalf of minors and deal with property, in interest of minors and joint family subject to legal necessity. Her powers are not fettered by or governed by provisions of Hindu Minority and Guardianship Act, 1956," the judge added. 

With these observations, the judge quashed the District Court's order.

Appearance:

Advocate RJ Nirmal appeared for the Appellant

Advocate VS Badakh represented the State.

Case Title: Pooja Popalghat vs State of Maharashtra (First Appeal 2760 of 2024)

Citation: 2025 LiveLaw (Bom) 78

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