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KARNATAKA HIGH COURT
B.V. Nagarathna and J.M. Khazi, JJ.
Master M. Yashas (Minor) – Appellant
versus
-Nil- – Respondent
Miscellaneous First Appeal
No.1990 of 2021 (GW)
Decided on 23.4.2021
Hindu Minority and Guardianship Act, 1956 – Section 8(2)(a) – Power to sell property belonging to minor – Court may grant permission to alienate minor’s property only for his legal necessity or benefit to estate – Petitioner/appellant is seeking permission to sell petition schedule property belonging to minor child, not for his legal necessity or benefit to estate, but to tide over financial crisis faced by her and her husband – Being parents and natural guardians of minor child, it is duty and responsibility of petitioner/appellant and her husband to take care of him including his education and other expenses – In order to over come their financial crisis, they cannot dispose of minor’s property and to use a portion of sale proceeds for their own expenses and also that of minor child and deposit balance in name of minor child for his use in future – Legal necessity of minor does not include necessity of guardian or any other person even in face of a pandemic like COVID-19 – Intended alienation of petition schedule property is not for benefit to estate of minor – Even in absence of property standing in name of minor child, petitioner/appellant and her husband, being parents and natural guardians are duty bound to take care of him – Trial Court has rightly refused permission and dismissed petition – Appeal dismissed. (Paras 21, 22, 23, 24, 25 and 26)
Result: Appeal dismissed.
JUDGMENT
J.M. Khazi, J.—This appeal assails the correctness of the order dated 28.01.2021 passed by the IX Additional Principal District Judge, Bengaluru Rural, Bengaluru in G & WC No.16/2020.
2. The said petition was filed by the appellant, mother of the minor child Master Yashas, who is aged about twelve years under Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956 (hereinafter referred to as ‘the Act’ for the sake of brevity), seeking permission to sell the petition schedule property standing in the name of her minor son and to use a portion of sale proceeds to the tune of Rs.15,00,000/- derived from the said sale for use of the minor son for the purpose of meeting his day to day expenses, School expenses etc., and to deposit the balance sale proceeds in the name of her minor son. The trial Court by impugned order dated 28.01.2021 has dismissed the petition. Hence this appeal is preferred.
3. Though before the trial Court and in this appeal, it is shown as though the petition as well as the appeal is filed by the minor represented by his mother, in fact it is a petition filed by the minor guardian seeking permission to sell the petition schedule property. Therefore, wherever the word ‘petitioner/appellant’ is used, it refers to the guardian of the minor.
4. It is the case of the petitioner/appellant that she is the natural mother of the minor child Master Yashas. The mother of petitioner/appellant, Smt. M.R. Sunanda was the owner of Site No.29, Khata No.682, Assessment No.52/3A, situated at Karibovanahalli, Yeshwanthapura Hobli, Bengaluru North Taluk. She gifted the same to the minor child Master Yashas vide registered gift deed dated 28.10.2014, showing the petitioner/appellant as his guardian and care taker till he attains majority.
5. It is further case of the petitioner/appellant that when the petition was filed the minor child Master Yashas was aged 12 years studying in Martin Luther English School. They are staying in a rented house on a monthly rental of Rs.7,500/-.
6. It is further case of the petitioner/appellant that she is a home maker and her husband was employed as a Driver on a monthly salary and on account of COVID-19 pandemic, he lost his job and they are not having any source of income to pay the rent, bear the monthly expenses and also to take care of the educational expenses of the minor child Master Yashas. That the owner of the house has directed them to vacate the residence as they have not paid the rents. To take a new premises on rent and also to take care of the minor child Master Yashas, they are not having any other source of income.
7. The petitioner/appellant has further contended that the petition schedule property is the only property that can be disposed of for the benefit of the minor and a portion of the proceeds would have to be used by the petitioner/appellant and her husband to tide over the current financial crisis faced by them. Then only the minor child be able to have a normal childhood and have an opportunity to succeed in his future life. If a portion of the sale proceeds are permitted to be used, the petitioner/appellant and her husband will be able to overcome their financial constraints and the same would ensure the welfare of the minor child.
8. The petitioner/appellant has further contended that if she gets a good purchaser, who intends to purchase the petition schedule property for an adequate consideration, she is ready and willing to sell the property on behalf of the minor and deposit the sale proceeds in a Nationalised Bank and utilise the same for the purpose of his welfare. The intended sale of petition schedule property is for legal necessity.
9. Thus, petitioner/appellant is seeking permission to sell the petition schedule property which belongs to her minor child Master Yashas and out of the sale proceeds utilise Rs.15,00,000/- for the immediate use of the minor for the purpose of meeting his day to day expenses, school fees etc., and to deposit the ba
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