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IN THE HIGH COURT OF DELHI AT NEW DELHI
DHARMESH SHARMA
Dimple Gupta – Appellant
Versus
State Of NCT Of Delhi – Respondent
| Table of Content |
|---|
| 1. property inheritance and guardianship rights. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. evaluation of petitioner's financial necessity. (Para 8 , 9 , 10) |
| 3. permission granted to sell and invest proceeds. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
DHARMESH SHARMA, J.
1. Notice of the present appeal has been served upon the respondents No. 2 to 5. However, there is no contest to the reliefs which are sought by the appellant as is evident from the impugned order dated 02.09.2024 passed by the learned District Judge-03, Shahdara District, Karkardooma Courts, Delhi.
2. Hence, after hearing the learned counsel for the appellant and upon perusal of the record, this Court proceeds to decide the present appeal under Section 8 of the Hindu Minority and Guardship Act, 1956, [HMGA] read with Section 47 of the Guardianship and Wards Act, 1890, moved on behalf of the appellant to set-aside/modify the order dated 02.09.2024, passed by the learned Trial Court, whereby the appellant/petitioner was seeking permission to sell, alienate or dispose of the shares of her two minor children, in the said property left behind by her husband being their mother and natural guardian had been dismissed.
3. Shorn of
A natural guardian's petition to dispose of minor's property cannot be denied based solely on the guardian's financial stability; necessity or evident advantage for the minor remains paramount.
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....
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.
Permission for disposing of the undivided interest of minors in joint family property is not required under Section 8 of the Hindu Minority and Guardianship Act 1956.
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 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....
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....
The guardian may sell a minor's property for maintenance if no alternative means are available, subject to safeguards.
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