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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Alok Awasthi
Kumari Roshni Minor Through Her Natural Guardian And mother Smt. Savitri Bai – Appellant
Versus
Public at Large – Respondent
| Table of Content |
|---|
| 1. factual background of the guardianship appeal. (Para 2 , 3 , 4) |
| 2. arguments for and against the application to sell property. (Para 5 , 7 , 8) |
| 3. court's analysis on section 8 of the act. (Para 10 , 12 , 14) |
| 4. ratio decidendi on minor's property rights. (Para 13 , 15) |
| 5. final judgment and directives for property sale. (Para 16 , 17 , 18 , 19) |
ORDER :
Alok Awasthi, J.
With consent of the parties heard finally.
2. The present appeal is preferred by the appellant under Section 8 (5) of the HINDU MINORITY AND GUARDIANSHIP ACT , 1956 (in short "Act of 1956") being aggrieved by the order dated 30.06.2025 passed by learned First District Judge, Depalpur, District Indore in MJC No. 08/2024, whereby application filed by the appellant No. 3 - Natural guardian and mother of appellant Nos. 1 & 2 regarding permission to sell immovable property jointly recorded in the names of minor children and herself, was rejected.
3. The facts relevant for disposal of this appeal are that the appellant No. 3, Smt. Savitri Bai, is the natural and legal guardian of the Appellant Nos. 1 (Kumari Roshni, aged 16 years) and 2 (Master Praveen, aged 14 years), who are minors. She is the widow of Late Sh
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 ....
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.
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.
A natural guardian's petition to dispose of minor's property cannot be denied based solely on the guardian's financial stability; necessity or evident advantage for the minor remains paramount.
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