Transfer of property

Since the branch of S1 was entitled to 1/4th of the property - and S1 alongwith chilrden held 1/16th each. He could have transferred only that much of property, and not the minor's share without the consent of the court. The transaction is voidable at the option of minors, who can challenge it within 3 years of attaining majority.

Since children were major at the time of sale deed  executed by their father S1. S1 was the owner of 1/16 th share only. If matter is contested then only 1/16th share of  S1 will be treated as sold. it is well founded principle that no one can transfer better interest then he has.

The short question of law that would arises for consideration in this case is whether the alienation made by the father of a minor without obtaining permission of the Court is valid in law?

The provisions of Section 8 of The Hindu Minority and Guardianship Act, 1956  are devised to fully protect the property of a minor, even from the depredations of his parents. Section 8 empowers only the legal guardian to alienate a minor's immovable property provided it is for the necessity or benefit of the minor or his estate and it further requires that such alienation shall be effected after the permission of the Court has been obtained. (1993 SC and 2005 Bombay)

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