Sankarasubban, J.

This appeal has been referred by a Division Bench with regard to the interpretation of Sec. 8(3) of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as the Act). Relevant portions of Sec. 8 of the Act are as follows:

“8. Powers of natural guardian: (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without the previous permission of the court.-

(a) Mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor;

or

(b) Lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

(3) Any disposal of immovable property by a natural guardian, a contravention of sub-sec (1) or sub-sec (2), is voidable at the instance of the minor or any person claiming under him.”

2. Question raised i