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GUJARAT HIGH COURT
MR. A.G.URAIZEE, J
KANTABEN JAYENDRABHAI SAVLA – Appellant
Versus
NIL – Respondent
| Table of Content |
|---|
| 1. overview of the appeal regarding permission to sell a minor's undivided share. (Para 1 , 2 , 3) |
| 2. arguments presented regarding the need for court permission. (Para 4) |
| 3. court's examination of previous rulings and legal standards applicable. (Para 5 , 6) |
| 4. clarification of legal stance on selling undivided minor interests. (Para 7) |
| 5. final ruling allowing sale while ensuring minor's welfare. (Para 8) |
ORAL ORDER
1. In this appeal under section 47 of the Guardians and Wards Act (GNW Act for short) read with section 96 of the Code of Civil Procedure, 1908 (the Code for short), the appellants have assailed the judgment and order dated 25.02.2021 passed by the learned Additional District Judge in Civil Miscellaneous Application No.68 of 2020 whereunder the application under section 9 of the GNW Act for permission to sell the undivided share of minor is rejected.
2. Heard Ms. Shivangi Vyas, learned advocate for the appellant.
3. Ms. Vyas, learned advocate tenders revenue record in respect of the subject land reflecting the names of all the co- owners of the land and affidavits of other co-owners indicating that they have no objection if the entire parcel of land is permi
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