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G.H. SUBBU (Advocate)     11 October 2009

Minor's gift property can be sold by natural guardian father


My friend's family got one ancestral property in 1934.  After some time, the property was partitioned among (1) Father and his 3 sons B,C & D.  Among the 3 sons, D was minor at the time of partition. After attaining majority the son D, has gifted his share of property to his father A, by gift settlement Deed.  After some time, the Father A, again gifted the same property to the children of "D".

Now, the said "D", propose to sell the property.  At this juncture, my question is (1) Whether D the natural guardian can sell the property of his minor children (directly gifted by their grand father) or (2) whether the natural guardian has to get prior Court permission for sale of the said gift property of the minor children, as a natural guardian? 


 12 Replies

Bohara P.Singh (advocate)     11 October 2009

No,'D' father of the minor children can not alienate the property without seeking the prior permission of the court. The gift is a mode of trnsfer and grand father of the minor chldren have made the absolute transfer of the  property to the minor.

Kamal Grover (Advocate High Court Chandigarh M:09814110005     11 October 2009

For the welfare of the children, he can sold the property but with the permission of the court only.


charudureja (advocate)     11 October 2009

This question has been answered many time. father can only sell the property of minor children if the sale is for the benefit and welfare of children and if before selling he has taken permission from the court. if it is not taken then even after attaining the majority the child can challange such sale.

Kamal Grover (Advocate High Court Chandigarh M:09814110005     12 October 2009

Thanks charuji.

Adinath@Avinash Patil (advocate)     12 October 2009


adv. rajeev ( rajoo ) (practicing advocate)     12 October 2009

Minor's property cannot be sold by the father without the permission of the court.  Father has to take the permission from the court by filing G & W case, it is mandatory to show the necessity of selling the property of minor, otherwise no relief will be granted by the court/.

Sarvesh Kumar Sharma Advocate (Advocacy)     12 October 2009

agree with rajeev ji.

charudureja (advocate)     12 October 2009

u r always welcome Mr Subbu

Kamal Grover (Advocate High Court Chandigarh M:09814110005     13 October 2009

Everybody give you the same answer that father need permission.

Now go ahead. Good luck


Tapas (Engineer)     21 September 2012

Hi Mr Kama,

I have a query regarding minor's property.

I want to buy a property which is co-owned by a minor.What should be the legal procedure to buy that property?




Tarun reddy.a (Director)     10 October 2013

In 2013 I have bought a ancestral property of 3 acers. Actually leagal heirs of the property which is been sold to me were 3 brothers and their mother, in this 3 brothers two were majors one was 19 and other was 20 where third was 13 years(minor)and first two brothers were holding official pass books of 3 acers on their name and they have sold me their property making two brothers and thier mother as first party and exicuted me sale deed. But when i went for the loan the legal pannel had raised a question that third brother is minor even though he was not having ny pass book for his share he will also be having 1/4 share in the property when he gets to be a major but i have already bought the property so how i can get the permission of court now ......? Can plz sujest me sumthing 

kishan prasad rangu (lawyer)     21 December 2013

on minor"s name property has been bought by his father in 1980 he kept his son in law as guardian but without court permission guardian and  his father sold the entire property can she question now in 2013

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