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Aerosmiths (student)     04 December 2009


The minor is a girl..she will become major within 2 months....till then MR.A is the guardian of  all her properties....Now the mother started to torture her stating to transfer all her property to herself and threatening that there is loop hole in law so that she will change all the poperties to herself....CAN SHE DO ANYTHIN LIKE THIS TRANSFERING THE  WHOLE PROPERTY TO HERSELF even if  MR.A IS THE GUARDIAN TO ALL HER PROPERTIES


 7 Replies

Aerosmiths (student)     04 December 2009

actually the property the partitioned by the minor's grandfather....he divided the all property equally to all his daughter's and son's and grandchildren equally....but the greedy mother wants all for herself.......the grandfather also wrote one seperate document stating that he had given the property by his own will to the minor and also sayin he is in steady consciousness to give the property to the minor..even the magistrate and one lawyer signed it for verification

Srinath Kondapally (Advocate)     04 December 2009

Who appointed Mr. A as guardian not staed in ur query,

 Anyhave,hthe law  is very clearly stating that when there is a guardian to minor person(s) anyone cannot alieanate  the respective property in any mannr infavour of another person, except with prior permission of respective court and moreover even such guardian also shall not do the same . And  the proof of such alianation  by such guardian must be for the sake and benefit of such minor only , and that must be for the satisfaction of court.

1 Like

Aerosmiths (student)     04 December 2009

the court asked the minor  who wants to be ur guardian .....the minor asked MR.A to be guardian.....and the lawyers asked each and  everyone in the family if thers is any objection they replied that they dont have any objection

Srinath Kondapally (Advocate)     04 December 2009


my above answer is enough to ur manyof ur doubts

snchandrasekarabharathi (senior manager (Law))     05 December 2009

your answer to Srinath Kondapally is not direct. Whether "A" is appointed as Guardian by the Court.  Even if your answer is affirmative, the de jure guardian cannot alienate the property of the minor without the permission of the Court.  When the minor is a Hindu, her Father is the natural guardian.  Your fact is silent whether minor's father is alive or not.  In the absence of minor's father, mother is the natural guardian.  Therefore, you have not stated in what circumstances the court has appointed guardian (de jure) when natural guardian is alive.

However, neither the natural guardian nor the de jure guardian cannot aliante the minor's propertywithout thepermission of the Court having competent jurisdiction.

snchandrasekarabharathi (senior manager (Law))     05 December 2009

please read in the last paragraph as "can" instead of "cannot"

Ashok Yadav (Lawyer)     27 January 2010

No one can sell or transfer the property of a minor without the permission of the competent court, if any one do it, it will amount to fraud and a minor can challenge it.

For selling the minor property the Natural Gaurdian or a Gaurdian appointed by the court, both have to took permission by court firstly, and they can sell it only for the benefit of the minor if it deems necessary by the court.

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