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B. V. NAGARATHNA, J. M. KHAZI
M. Yashas (Minor), Son of Sri. Mahesh B. & Smt. Soumya N. – Appellant
Versus
Nil – Respondent
JUDGMENT :
1. This appeal assails the correctness of the order dated 28.01.2021 passed by the IX Additional Principal District Judge, Bengaluru Rural, Bengaluru in G & WC No.16/2020.
2. The said petition was filed by the appellant, mother of the minor child Master Yashas, who is aged about twelve years under Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as ‘the Act’ for the sake of brevity), seeking permission to sell the petition schedule property standing in the name of her minor son and to use a portion of sale proceeds to the tune of Rs.15,00,000/-derived from the said sale for use of the minor son for the purpose of meeting his day to day expenses, School expenses etc., and to deposit the balance sale proceeds in the name of her minor son. The trial Court by impugned order dated 28.01.2021 has dismissed the petition. Hence this appeal is preferred.
3. Though before the trial Court and in this appeal, it is shown as though the petition as well as the appeal is filed by the minor represented by his mother, in fact it is a petition filed by the minor guardian seeking permission to sell the petition schedule property. Therefore, wherever
The Court emphasized the limitations on the authority of a guardian to alienate or dispose of a minor’s property without the permission of the Court, and highlighted the requirement for such alienati....
Power to sell property belonging to minor – Court may grant permission to alienate minor’s property only for his legal necessity or benefit to estate.
When considering an application to alienate a minor's property under the Hindu Minority and Guardianship Act, the paramount consideration is the necessity or clear benefit to the minor. Judicial perm....
Permission to sell minor's property was granted due to financial necessity for education, emphasizing the child’s welfare over strict property ownership issues.
Right of natural guardian to alienate property – Natural guardian being eldest member of joint family, in-charge of property, can exercise powers to deal with minors in joint family property keeping ....
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