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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sri Rajesh Srivastava, J
Km. Shivika Garg – Appellant
Versus
Yash Garg – Respondent
| Table of Content |
|---|
| 1. overview of the application and initial court proceedings. (Para 1 , 3) |
| 2. applicability of section 8 of the act on property ownership. (Para 2 , 4 , 5 , 9) |
| 3. the purpose of section 8 to protect minors' properties. (Para 6 , 7) |
| 4. court's decision on prior permissions involving minors' interests. (Para 8) |
| 5. final ruling stating that the appeal was dismissed. (Para 10) |
1. Heard Sri Rajesh Srivastava, learned counsel for the appellant.
2. The father of the appellant Km. Shivika Garg and respondent Yash Garg applied under S.8(2) of the Hindu Minority and Guardianship Act, 1956 to the District Judge for permission to mortgage property Aaraji No.1039 Chandari, Municipal No.18 - C - 2 Pokharpur for the purposes of obtaining loan for establishing a factory as both the aforesaid persons were minor at the relevant time.
3. The application on consideration has been rejected by the Additional District Judge vide order dated 10.6.2010.
4. The Court below in rejecting the application has returned a clear finding that the aforesaid property which is sought to be mortgaged is not the property of the minors but is the property of the H.U.F. The provisions of S.8 of the Act are not a
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