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selling the property of a minor by legal guardian


Sir,
Can a legal guardian sell the property of a minor ie son's property for the studies and welfare of the child. Is it compulsory to keep the money obtained in Bank as fixed deposit in the name of the minor??
 
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Father can do it but if their is no father then mother has to take permission of court and then sell it.
 
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What about the money obtained. Is it compulsory to keep the money in Bank fixed deposit?
 
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Advocate

What's the relationship of legal guardian with the minor? Court permission will be required if legal guardian is appointed by the court and is not natural guardian of the minor.
 
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Mother of the minor. Kindly reply about Bank fixed deposit . Is it compulsory??
 
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Advocate

1. A Minor's property can not be dealt with by his/her parents or legal guardians without the approval of the local District Judge who is considered as the Trustee of the properties of all the Minors falling in his jurisdiction.

 

2. You shall have to file an application before the said District Judge praying for approval for selling the property of the minor to the particular person at the stated price which will be utilised for the welfare/education of the said Minor.

 

3. The said consideration received after selling the property of Minor will have to be compulsorily used for the welfare of the said Minor for which the said amount shall have to be kept in FD or in any such manner as decided by the Court.

 
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Advocate

Hindu Minority and Guardianship Act, 1956

 

Such sale will be governed by provisions of Section 8 of Hindu Minority and Guardianship Act, 1956. The Mother, in the instant case, can sell the property if it is for a legal necessity. However, the sale will not be binding on the minor unless the sale was made with the sanction of the competent court; it s voidable at the option of minor on attaining majority.

8.Powers of natural guardian.-

(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.

(2) The natural guardian shall not, without the previous permission of the court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor or

(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.

(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor.

(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular—

(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof.

(b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and

(c) an appeal lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.

(6) In this section, "Court" means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890 (8 of 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.

 


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