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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
HON'BLE SHRI JUSTICE S. G. CHAPALGAONKAR
Pooja W/o Ganesh Popalghat – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Appellant impugns judgment and order dated 01.12.2023, passed by Additional District Judge, Kaij, District Beed, in Civil Misc. Application No. 30 of 2023, by which appellant’s prayer under Section 8 of the Hindu Minority and Guardianship Act, 1956 to grant permission to sale land of herself and her three minor children has been declined.
2. Appellant approached Additional District Judge, Kaij under Section 8 of Hindu Minority and Guardianship Act, seeking permission to sale agriculture land bearing Gut No. 478, ad-measuring 85 R, situated at village Salegaon, Tq. Kaij, District Beed, standing jointly in her name with minor children. It is contention of appellant that her husband committed suicide. He was owner of suit land. After his death, her name with three minor children have been mutated in record of rights over suit property. Appellant is working in Private Sector at Pune. Her minor children are taking education. Appellant was unable to meet education expenses of children. Land in question is situated at District Beed, therefore, it is difficult for her to cultivate the same from Pune. Approximate valuation of the land is Rs. 12,75,000/-. She wish to invest afore
A natural guardian of minor children can manage and sell undivided interests in joint family property without court permission under the Hindu Minority and Guardianship Act, provided it serves a lega....
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 ....
The provisions of the Hindu Minority and Guardianship Act allow natural guardians to sell minor’s undivided interest in joint family property without court permission, provided it serves the minor's ....
The main legal point established in the judgment is that the restriction in Section 8(2) of the Hindu Minority and Guardianship Act, 1956, does not apply to the undivided interest of a minor in joint....
Natural guardians can manage minor's undivided interests in joint family property without court permission if it serves the minor's welfare.
The sale of a minor's undivided interest in joint family property does not require prior court permission under Section 8 of the Hindu Minority and Guardianship Act, 1956, as it is governed by Sectio....
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