IMPORTANT POINT
The central legal point established in the judgment is that the court has the discretion to permit the natural guardian to lease out the minor's property for a period exceeding the date of attaining majority if it is deemed to be in the welfare of the minors.

JUDGMENT :

1. The present appeal has been preferred against the order dated 31.03.2022 passed by Additional District Judge No.1, Barmer in Civil Misc. Case No.282/2021 (CIS No.63/2021) whereby the application under Section 8 (2) of the Hindu Minority And Guardianship Act, 1956 read with Section 10 of the Guardians and Wards Act, 1890 preferred by the appellants applicants has been partly allowed.

Vide the order impugned, although the applicant mother Jankba has been declared the guardian of the minor wards (applicant Nos.2 to 4) but the permission to lease out the property in question (belonging to the share of minors) by the natural guardian mother has been declined.

2. The Court below declined the said prayer on the ground that there was nothing available on record to show the necessity why the applicant mother wanted the property to be leased out. The Court further observed that the lease in question is sought to be entered into for a period of 30 years which is a period beyond the date of attaining of the majority by the minor wards. With the finding that the applicant failed to prove that the lease in question was for the welfare of the minor wards, the Court declined the request as made by the mother.

3. Aggrieved against the said order, the present appeal has been preferred.

4. Learned counsel for the appellants submits that in the application preferred before the Court below, specific averment had been made that the property in question is not a fertile land and does not fetch any amount vide irrigation/agricultural purposes. It has further been submitted that the mother, along with her three wards, is residing at Kutch-Bhuj, Gujarat and working as a labour and hence, if the property in question is leased out, it would fetch a handsome amount and would help out the applicant mother to bring up her children with better education and living facilities.

In the appeal, the details of the educational status of all the three minors have also been furnished.

In support of his submission, learned counsel for the appellants relied upon the judgment dated 30.03.2022 passed by a co-ordinate Bench of this Court in S.B. Civil Misc. Appeal No.840/2021 (Jhammu Kanwar vs. All Citizens of India) whereby the Court, in the welfare of the minor wards, granted the permission to the natural guardian mother to sell out the property in question.

5. Heard learned counsel for the appellants and perused the material available on record.

6. Section 8 (2) of the Hindu Minority And Guardianship Act, 1956 provides as under:-

“(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”

A bare perusal of the above provision makes it clear that if a property of a minor is to be leased out for a term exceeding 5 years or for a term extending more than one year beyond the date on which the minor will attain majority, the previous permission of the Court is essential. Meaning thereby, if the lease is to be executed for a period of less than 5 years, the permission of the Court is not mandatory.

7. A bare perusal of the grounds as raised in the appeal and the facts as stated makes it clear that all the three wards are minors of less than 14 years of age. As evident from the record, the grandparents of the children are also not alive and except the natural guardian mother, there is no other person to take care of them.

As stated in the appeal, all the three children are staying at Kutch-Bhuj, Gujarat and it is quite natural that a single mother, that too working as a labourer, would find it difficult to provide better educational as well other facilities to the children without having any permanent source of income. The mother, if, vide the lease in question, g