Judgement related to Sec-8 of HMG Act-1956

gurcharn goyal (Querist) 19 October 2009 This query is : Resolved
Sir
if a natural mother wants to sell the share of his minor son(inherited from his deceased father)than court can give the permission to the mother for sell the property of the minor son under section 8 of the hindu minority and guardianship Act. Can you please give me the name of the judgments in favour of the mother.

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adv. rajeev ( rajoo ) (Expert) 20 October 2009
Court can give the permission to sell the property, but burden lies on you to show that such sale is for the benefit of the minor and to protect the interest of the minor. you have to convince it to the court, without pleding and if you failed to convince the court, it will not grant permission to sell the minor's property.
You have to show the necessity for what reason you want to sell the property of minor. You have to prove the sale is for the minor's benefit.