IMPORTANT POINT
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 in mind aspect of legal necessity, interest and benefit of minor – No such alienation would be voidable at instance of minor if it is proved that same was made for legal necessity and for benefit of minor.

JUDGMENT

Appellant impugns judgment and order dated 01.12.2023, passed by Additional District Judge, Kaij, District Beed, in Civil Misc. Application No. 30 of 2023, by which appellant’s prayer under Section 8 of the Hindu Minority and Guardianship Act, 1956 to grant permission to sale land of herself and her three minor children has been declined.

2. Appellant approached Additional District Judge, Kaij under Section 8 of Hindu Minority and Guardianship Act, seeking permission to sale agriculture land bearing Gut No. 478, ad-measuring 85 R, situated at village Salegaon, Tq. Kaij, District Beed, standing jointly in her name with minor children. It is contention of appellant that her husband committed suicide. He was owner of suit land. After his death, her name with three minor children have been mutated in record of rights over suit property. Appellant is working in Private Sector at Pune. Her minor children are taking education. Appellant was unable to meet education expenses of children. Land in question is situated at District Beed, therefore, it is difficult for her to cultivate the same from Pune. Approximate valuation of the land is Rs. 12,75,000/-. She wish to invest aforesaid amount in name of minor children and want to utilize same for their education and maintenance. Learned Additional District Judge, Kaij rejected appellant’s prayer observing appellant has already deposited school fees of children and there remains no outstanding. Minor children are taking education at V.K. Mate High School, Chinchwad and Zilla Parishad High School at Jambhe, Tq. Mulshi, Pune. However, receipts placed on record are from M.S.S. High School, Shridharnagar, Chinchwad of Morya Education Institute. As such, there is variance in pleadings and evidence.

3. Heard Mr. R.J. Nirmal, learned Advocate appearing for appellant and Mr. V.S. Badakh, learned AGP appearing for Respondent-State.

4. Mr. Nirmal, submits that land in question is joint family property of appellant and her three minor children. It was originally owned by appellant’s husband and upon his death, it has been jointly mutated in the names of minors and herself, therefore, for sale of property by mother being natural guardian of minor, permission under Section 8 of the Hindu Minority and Guardianship Act would not be required, however, appellant’s application under Section 8 of the Act has been erroneously rejected on merit by learned District Judge.

5. Having considered submissions advanced, issue raised for consideration in this appeal is as to “Whether appellant being natural guardian and joint holder of agriculture land alongwith minors, required to seek permission under Section 8 of Act to alienate property.”

6. Perusal of record shows that late Ganesh Manik Popalghat was owner of land Gut No. 478 to the extent of 85 R. He expired on 04.07.2022, leaving behind appellant Pooja, two daughters Tanishka and Mokshada and a son Kshitij. Consequently, mutation entry No. 4672 dated 24.08.2023 has been certified, thereby names of appellant and her three minor children have been mutated. Un-disputedly, agriculture land is joint Hindu Family property with fluctuating interest of legal representatives of late Ganesh Manik Popalghat. In light of aforesaid factual background, it would be necessary to delve into scheme of Act. The Hindu Minority and Guardianship Act has been passed to amend and codify law relating to minority and Guardianship amongst the Hindus as can be observed from Section 2 of the Act. Its provisions are in-addition to and not in derogation of Guardian and Wards Act, 1890. Section 6 of Act deals with natural Guardian of Hindu minor and his property. Significantly, un-divided interest of minor in joint family property is specifically excluded from application of Section 6 of the Act. Section 12 of the Act further clarifies that a guardian need not be appointed for dealing with minors’ undivided interest in joint family property, which is under management of adult member