The Allahabad High Court held that there need be no natural guardian for the minor's undivided interest in the joint family property, as provided under sections 6 and 12 of the Act, the previous permission of the Court under Section 8 of disposing of the undivided interest of the minor in the joint family property is not required.
Brief Facts:
The appellant’s husband died leaving behind 3 daughters and his mother. The deceased had ½ share in the disputed property, whereas the other half belonged to his father. After the death of the Appellant's husband, her father-in-law executed a gift deed in her favour, giving her his ½ of the property. Her mother-in-law also gifted her portion of the share (10% of the total property) to the appellant. The appellant owned 70% of the house and the rest 30% belonged to her minor daughters by way of inheritance and further sought permission under Section 8 of the Hindu Minority and Guardians Act 1956 to sell the house which was rejected by the Additional District Judge, Saharanpur on grounds that the appellant did not disclose the details of the property she sought to purchase in Punjab and what was the valuation at which she was selling the property.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the Appellant ought not to have been non suited on the grounds stated in the impugned order. The Application for permission under Section 8 could not be rejected on the ground that the details of the property the Appellant would purchase in Punjab and for how much after selling the property in question have not been disclosed, or that the property could be let out on rent. The Appellant had bonafidely disclosed all the circumstances for selling out the property in her application seeking permission, yet the Trial Court proceeded to reject the application on mere conjectures and surmises. It is also contended that the opposite parties had also consented for the transfer.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that the respondents had already accorded their consent in favour of the Appellant and in fact, had already gifted their share in the house property in favour of the Appellant. They have no objection if the Appeal is allowed and the impugned order is set aside.
Observations of the court:
The court referred to Sections 6, 8 and 12 of the Hindu Minority and Guardians Act and stated that a natural guardian is not necessary for the undivided interest of a Hindu minor in joint family property. Further, the Court held that under Section 12 of the Act, an adult member need not necessarily be a Karta or a male member of the family. Any adult member of a Hindu joint family can deal with the undivided interest of the minor in joint family property.
The court further observed that under Section 8 a natural guardian of the property of the Hindu minor, before he disposes of any immovable property of the minor, must seek permission from the court. But since there need be no natural guardian for the minor's undivided interest in the joint family property, as provided under sections 6 and 12 of the Act, the previous permission of the Court under Section 8 of disposing of the undivided interest of the minor in the joint family property is not required. Further, it was stated that the High Court has the power to appoint a guardian in certain situations, in the present case and according to the Hindu Minority and Guardians Act there is no requirement for a guardian to dispose of the property.
The decision of the Court:
The court allowed the appeal and set aside the impugned order.
Case Title: Preeti Arora vs Subhash Chandra Arora and Anr.
Coram: Hon’ble Mr. Justice Ashutosh Srivastava
Case No.: FIRST APPEAL FROM ORDER No. - 272 of 2024
Advocate for the Petitioner: - Arvind Srivastava
Advocate for the Respondent: Komal Mehrotra
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