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1987 Supreme(Mad) 316

SWAMIKKANNU
Sundari Ammal – Appellant
Versus
Thilakavathi Ammal and Others – Respondent


Advocates Appeared:M.S. Subramanian, Advocate.

Judgment :-

Learned counsel for the appellant submits that there has been substantial question of law arising in this second appeal and as such it is a fit case for admission. He submits that both the Courts below have held that the alienation by the father of the minor, of the property which he got by settlement from his younger brother cannot be made without obtaining permission from Court as per the provisions of S. 8 of the Hindu Minority and Guardianship Act. Section 6 is relied on for this purpose by the learned counsel for the appellant. He also brought to the notice of this Court the provisions of S.12 of the said enactment in support of his contention. Section 6 reads as follows :

S.6 The natural guardians of a Hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are-

(a) in the case of a boy or an unmarried girl - the father, and after him, the mother : provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

(b) in the case of an illegitimate boy or an illegitimate unmarried girl - the mother, and after her,








































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