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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Saugat Satpathy – Appellant
Versus
Collector, Khurda – Respondent
| Table of Content |
|---|
| 1. challenging previous court order. (Para 3) |
| 2. ownership of property in joint hindu family. (Para 4 , 5) |
| 3. no need for permission under section 8(2) for minors in joint property. (Para 6 , 7 , 8 , 9 , 10) |
| 4. the appeal is disposed of favorably. (Para 11 , 12) |
ORDER :
1. The matter is taken up through hybrid mode.
2. Heard Mr.Dash, learned counsel for the Appellant, Mr.Pattanaik, learned counsel for Respondent No.2 and Mr.Das, learned counsel for Respondent No.1.
3. The order dated 2nd January, 2024 of learned District Judge, Khordha at Bhubaneswar passed in GUA (P) 21 of 2023 by the Petitioners are challenged in the present appeal.
4. The admitted case of the parties is that, they are Hindus and governed under Hindu Mitakshara School. The suit scheduled property was purchased by the grandfather of the minor child. After death of the grandfather namely Sibanath Satapathy, the property was inherited by his son Suranjan Satapathy and daughter Anjali Satapathy. Appellant No.1 (minor) is the son of Suranjan Satapathy and Appellant No.2 is his widow. After death of Suranjan Satapathy entire suit property was recorded in the name of the Appellants and Respondent No.2 (Anjali Sa
Permission under Section 8(2) of the Hindu Minority and Guardianship Act is not required for the disposal of a minor's undivided interest in joint family property managed by the Karta.
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 ....
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 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....
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.
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 ....
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