Guardianship act
AKILA SAINATHAN
(Querist) 15 June 2012
This query is : Resolved
father was appointed as power agent and as a power agent he sold the land to his minor son representing by mother of the minor son out of her own income(mother income), which means his wife. now the mother needs to enter into the join development agreement in her minor son's property, whether she has to get permission from court to deal with her minor son property. or no need to obtain since the property purchased out of her own income in the name of her son. plz advise me
Adv.R.P.Chugh
(Expert) 15 June 2012
If the property is held in the name of the child (no matter who contributed the funds) court's permission is imperative - without the same - the transaction would be voidable (which teh minor can avoid within 3 years of attaining majority)
AKILA SAINATHAN
(Querist) 15 June 2012
yes thank you for your information sir. please inform me how to obtain the permission from court and the jurisdiction their on. we have to see the resident of the parents or else where the disposal of the property situates.
ajay sethi
(Expert) 15 June 2012
contact a local lawyer . jurisdiction has to be where the immoveable property is situated .
ajay sethi
(Expert) 15 June 2012
section 8(6) of hindu minority and guardinaship act provides
In this section "court" means the city civil court or a district court or a court empowered under Section 4-A of the Guardians and Wards Act, 1890, within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.
Nadeem Qureshi
(Expert) 15 June 2012
agree with Mr. Sethi
if the person is Hindu, if the person is mUslim, according to Guardians and wards Act, 1890, section 27, 28,29 as below
27. Duties of guardian of property.- A guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and, subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property.
28. Powers of testamentary guardian.- Where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward is subject to any restriction which may be imposed by the instrument, unless he has under this Act been declared guardian and the Court which made the declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.
29. Limitation of powers of guardian of property appointed or declared by the Court.-
Where a person other than a Collector, or than a guardian appointed by will or other instruments, has been appointed or declared by the Court to be guardian of the property of award, he shall not, without the previous permission of the Court,- Mortgage or charge or transfer by sale, gift, exchange or otherwise, any part of the immovable property of his ward, or lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.
COMMENTS
Guardian is bound by the order of the Court and is under an obligation to return the property of the minor heirs for whom he had acted as guardian. The guardian is responsible to the Court and is obliged to act in the best interest of the minor. The guardian cannot part with the property of the minor without the Court's permission and is not authorised to sell the property of the minor to its detriment; Vice Chancellor Sampurnanand Sanskrit Vidyalaya, Varanasi v. Brahm Gopal, AIR 1993 All 233; See also Gyasuddin v. Allah Tala Waqf Mausuma, AIR 1986 All 39.
read 30-37 too
Feel free to call
Shonee Kapoor
(Expert) 19 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
