Hindu Minority and Guardianship Act, 1956
Section 8—Sale of immovable property of minor—Permissibility—Trial Judge dismissed the petition holding that family owned other properties—Plea of appellant that other properties are joint family properties and she is not able to handle those properties individually—Father of minor was died leaving behind his two minor daughters and his wife as his legal heirs—Property was admittedly purchased by father of minors during his life time in the name of minor daughters—For the welfare of minor daughter, as a mother, the appellant wanted to sell the property, since she is not having any other agricultural land—Family situation as well as welfare of minor daughter considered by the court—Court granted permission to sell minor share, an extent of 1 acre in the petition mentioned property with sale deed with condition to deposit her share of rupees six lakhs in the name of minor and the appellant permitted to withdraw only interest until minor attain majority.
[Paras 3 to 5]
Decision : Appeal allowed