नाबालिग की संपत्ति बेचने के लिए कोर्ट की अनुमति और संरक्षकता
At a glance
- Law
- Hindu Minority and Guardianship Act, 1956 (S. 8) · Guardians and Wards Act, 1890
- Who
- Natural guardian, or a relative seeking appointment
- Where
- District Court where the minor ordinarily resides
- Time
- 2–4 months if uncontested
What it is
When a minor child owns land or a house, for example after the father's death, the parent cannot sell, mortgage, gift or exchange that property merely as natural guardian. Previous permission of the court is required under Section 8(2) of the Hindu Minority and Guardianship Act, 1956. A sale made without permission is voidable at the option of the minor (Section 8(3)), so careful buyers and banks insist on the court's order. Where the child has no natural guardian, a guardian is appointed by the court under the Guardians and Wards Act, 1890.
Who can apply
- The natural guardian (father, or mother where the father is dead or not acting), for permission to deal with the minor's property
- A relative or other person, for appointment as guardian of the person or property of a minor who has no guardian (Section 7, Guardians and Wards Act)
Step-by-step process (permission to sell)
- 1
PetitionS. 8(2) HMGA r/w S. 29 GWA
A petition is filed before the District Court where the minor ordinarily resides. It states the property, its value, the proposed buyer and price, and why the sale is necessary.
- 2
Necessity or advantageSection 8(4)
The court grants permission only for necessity or evident advantage to the minor, such as education, medical treatment, maintenance, or buying better property in the minor's name.
- 3
Notice
Notice is issued to close relatives and published where required, so that any objection can be heard.
- 4
Inquiry
The court examines the guardian, may ask for a valuation report, and checks that the price is fair.
- 5
Order with conditions
The court grants permission, usually directing that the minor's share of the sale price be kept in a fixed deposit in the minor's name until majority, or used for the stated purpose.
- 6
Sale deed
The guardian executes the sale deed on the minor's behalf, reciting the court's order.
Documents required
Checklist · 8 items- Birth certificate or age proof of the minor
- Death certificate of the deceased parent, where applicable
- Title documents of the property: sale deed or khatiyan, jamabandi, rent receipt
- Family register (vanshavali) showing the minor's share
- Details of the proposed buyer and agreed price, or a valuation report
- Identity and address proof of the guardian
- Proof of the stated necessity: school fee demand, medical estimates, or the proposed purchase
- No-objection affidavits of other family members, where available
Time usually taken
2 to 4 months where there is no objection
Ordinarily two to four months where there is no objection.
Points to remember
- 01The rule in Section 8 does not apply to the minor's undivided interest in Hindu joint family property managed by the karta (Section 12), but buyers still examine such cases closely.
- 02The mother can act as natural guardian where the father is absent or not taking interest in the minor (Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228).
- 03The minor may challenge an unpermitted sale within three years of attaining majority (Article 60, Limitation Act, 1963).
Frequently asked questions
Can a parent sell a minor child's property without court permission?
No. Under Section 8(2) of the Hindu Minority and Guardianship Act, previous permission of the court is required. A sale without permission is voidable at the option of the minor (Section 8(3)).
When does the court allow the sale of a minor's property?
Only for necessity or evident advantage to the minor (Section 8(4)), such as education, medical treatment, maintenance, or buying better property in the minor's name.
What happens to the sale money of a minor's share?
The court usually directs that the minor's share of the price be kept in a fixed deposit in the minor's name until majority, or used for the stated purpose.
Within what time can a minor challenge an unpermitted sale?
Within three years of attaining majority (Article 60, Limitation Act, 1963).
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
Related practice
Civil and Property Litigation