No court permission required under Hindu Minority Act for registering voidable sale deed by minor's guardian.

ORDER

This writ petition has been filed, challenging the impugned refusal check slip dated 18.08.2025 issued by the respondent, refusing to register the sale deed presented by the petitioner for registration on the ground that the seller is a minor and therefore, Court permission is required for selling the minor’s property.

2. Mr. P. Harish, learned Government Advocate accepts notice on behalf of the respondent.

3. The learned counsel for the petitioner also drew the attention of this Court to the order dated 25.08.2025 passed in W.P. No.28336 of 2025 in the case of Minor. Anbuchezhian and Another Vs. The Sub Registrar, Mangalampettai, involving an identical matter. In the said decision as well, refusing check slip was issued on the ground that the sellers are minors and therefore, Court permission is required.

4. The learned single Judge of this Court in the aforesaid decision rejected the contentions of the Registration Department and had allowed the writ petition on the ground that the requirement of Section 8 of the Hindu Minority and Guardianship Act, 1956 would not constitute a bar for the purpose of registration under Section 22B of the Registration Act.

5. Since the sale effected by a minor is a voidable sale, the learned single Judge of this Court in the aforesaid decision had quashed the refusal check slip and allowed the writ petition by directing the Registration Department to register the sale deed executed by the minors if the same is otherwise in order.

6. In the instant case, the purchaser agreed to buy the property from the petitioner, despite the fact that the petitioner did not obtain Court permission to sell the minor’s property. Since the sale effected by a seller (minor) represented by his mother and guardian, who has offered to sell the property and the purchaser having accepted the same and the sale being a voidable sale, the Registration Department cannot refuse the registration of the sale deed presented by the petitioner for registration if the same is otherwise in order.

7. For the foregoing reasons, the impugned refusal check slip dated

18.08.2025 issued by the respondent has to be quashed and this writ petition has to be allowed.

8. Accordingly, the impugned refusal check slip dated 18.08.2025 issued by the respondent is hereby quashed and this writ petition is allowed by directing the respondent to register the sale deed dated 18.08.2025 presented by the petitioner for registration if it is otherwise in order subject to payment of the requisite stamp duty and registration fees within a period of two weeks from the date of receipt of a copy of this order. No Costs.