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ANAND PATHAK
Gita Devi (Smt. ) – Appellant
Versus
Pawan Kumar – Respondent
ORDER
1. The present appeal under section 96 of the Code of Civil Procedure, 1908 is preferred by the appellants/defendants against the judgment and decree dated 18.5.2018 passed by the II Additional District Judge, Dabra District Gwalior in Civil Suit No.2-A/2013 whereby the suit has been decreed in favour of respondent No.1/plaintiff.
2. Precisely stated facts of the case for adjudication are that plaintiff (respondent No.1 herein), namely Pawan Kumar (minor through his mother Smt. Rajkumari) filed a suit for declaration and permanent injunction in respect of agriculture land vide survey No.28/2 min area 0.677 hectare. Reliefs claimed in the suit are as under:
^^¼v½ ?kksf"kr fd;k tkos] fd oknxzLr Hkwfe losZ Øekad 28@2 feu&1 jdck 1]222 gsDVs;j esa ls oknh ds LoRo LokfeRo ,oa vkf/kiR; dh Hkwfe 0-677 gsDVs;j fLFkr iVokjh gYdk uEcj 34 iapk;r jkexढ+ rglhy Mcjk ftyk Xokfy;j eŒÁŒ oknh ds LoRo LokfeRo ,oa vkf/kiR; dh gSA
¼c½ ?kksf"kr fd;k tkos] fd oknxzLr Hkwfe ds jftLVMZ foØ; i= fnukad 7-3-2011 tks oknh ds ukckyxh esa Áfroknh Øekad ds gd esa laikfnr gqvk gS] og oknh fo:) uy ,.M okbM gksdj voS/k gS rFkk oknh ij ca/kudkjh ugha gSA
¼l½ Áfroknh Øekad 1 o 2 ds fo:) bl vk'k; dh dksbZ fu"ks/kkKk
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....
The duty of the court to protect the interests of a minor in a legal proceeding, including appointing a guardian when the existing guardian is not fulfilling their duty.
Legal necessity must be proven to invalidate a sale deed executed for minors' benefit, with the burden of proof on defendants to contest authenticity.
The sale of minor's property was declared void as it lacked necessary court permission, violating the Hindu Minority and Guardianship Act provisions regarding the guardian's authority to alienate pro....
Sale deeds executed by a senior family member are valid if conducted for legal necessity and with mental competency, reinforcing the rights of the karta under coparcenary property law.
No court permission is required for a Karta to sell joint family property when such sale is established as for family necessity under Hindu law, even involving minor interests.
A natural guardian's sale of a minor's property without court permission is voidable, and minors can challenge such sales within a specified timeframe after attaining majority.
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