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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL
Doli – Appellant
Versus
Shakuntla Devi – Respondent
| Table of Content |
|---|
| 1. appeal filed under guardianship act. (Para 1 , 2) |
| 2. arguments on property selling permission. (Para 3 , 4) |
| 3. analysis of relevant statutory provisions. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. natural guardian can manage property for minor's benefit. (Para 34 , 35) |
| 5. judgment set aside; appeal allowed. (Para 36 , 37) |
JUDGMENT :
ROHIT RANJAN AGARWAL, J.
1. This First Appeal From Order has been filed under Section 47 of The Guardians and Wards Act, 1890 (hereinafter called as ‘the Act of 1890’) assailing the judgment and order dated 17.07.2025 passed by Additional Sessions Judge, Court No. 1, Muzaffar Nagar in G.C. Petition No. 249 of 2024 filed under Section 8/10 of the Act of 1890.
2. Brief facts, leading to filing of this appeal, are that appellant who is widow of Late Amit Kumar and mother of minor girl Kumari Vanshika had filed an application before Court of Additional District and Sessions Judge, Muzaffar Nagar for declaring her guardian of minor daughter Vanshika and also prayer was made for permitting her to sell the property of the minor child mentioned in
Natural guardians can manage minor's undivided interests in joint family property without court permission if it serves the minor's welfare.
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....
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 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....
The sale of a minor's undivided interest in joint family property does not require prior court permission under Section 8 of the Hindu Minority and Guardianship Act, 1956, as it is governed by Sectio....
No court permission is required for a natural guardian to sell the undivided share of a minor in joint family property, but the minor's welfare must be prioritized.
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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