Karnataka High Court
Shantabai And Ors vs The State Of Karnataka on 10 July, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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MFA No. 202485 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JULY, 2025
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MRS. JUSTICE K S HEMALEKHA
MISCL. FIRST APPEAL NO.202485 OF 2024 (GW)
BETWEEN:
1. SMT. SHANTABI
W/O MALLIKARJUN WALIKAR,
AGED : 38 YEARS,
OCC: HOUSEWIFE.
2. SANDIPA
S/O MALLAPPA @ MALLIKARJUN WALIKAR,
AGE: 17 YEARS,
OCC: STUDENT.
Digitally signed
by
BASALINGAPPA 3. SUDIPPA
SHIVARAJ
DHUTTARGAON S/O MALLAPPA @ MALLIKARJUN WALIKAR,
Location: HIGH
COURT OF AGE: 16 YEARS,
KARNATAKA OCC: STUDENT,
SINCE APPELLANT NO.2 AND 3 ARE MINORS,
HENCE THEY ARE REPRESENTED BY APPELLANT NO.1
ALL ARE R/O ARJUNAGI,
TQ: BABALESHWAR,
DIST: VIJAYAPURA -586 113.
...APPELLANTS
(BY SRI. YASHAS S. DIKSHIT, ADVOCATE)
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MFA No. 202485 of 2024
HC-KAR
AND:
THE STATE OF KARNATAKA
REP. BY DEPUTY COMMISSIONER,
VIJAYAPURA - 586 101.
...RESPONDENT
(BY SRI. MALLIKARJUN C. BASAREDDY, GA)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 47 A AND B OF GUARDIANS AND WARDS ACT, 1890,
PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT AND AWARD DATED 20.04.2024 PASSED IN G AND
WC NO.46/2023 ON THE FILE OF III ADDL.SENIOR CIVIL
JUDGE AND JMFC, VIJAYAPURA, IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
HON'BLE MRS JUSTICE K S HEMALEKHA
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MFA No. 202485 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE K S HEMALEKHA)
The present appeal by the petitioners in
G & WC No.46/2023, wherein the application by petitioner
No.1 as the minor guardian of the minor petitioner Nos.2
and 3 under Section 7 read with Section 29(A) of the
Guardians and Wards Act, 1890, seeking i) appointment of
petitioner No.1 as guardian of petitioner Nos.2 and 3,
ii) permission to sell the petition properties standing in the
name of petitioner No.1 and the minors, was partly
allowed. Petitioner No.1 was appointed as the guardian of
petitioner Nos.2 and 3, but the request for permission to
sell the petition properties was rejected.
2. Facts in brief: Petitioner No.1 is the mother
and natural guardian of petitioner Nos.2 and 3, who are
minors. Survey No.203, measuring 07 acres and
R.S.No.202, measuring 04 acres 02 guntas situated at
Arjunagi village, Babaleshwar Taluk, Vijayapura District
(hereinafter referred to as "petition properties" for short)
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stand jointly in the name of minors and petitioner No.1. It
is the case of the petitioners that the land standing in the
name of petitioner No.1 and minors are unfit for
cultivation, owing to the absence of irrigation facilities, and
that no income is being generated from the said petition
properties, as a result, petitioner No.1 is facing severe
financial hardship in maintaining and educating her minor
children. Due to her financial burden, petitioner No.1
wants to sell the petition properties standing in her name
as well as in the name of the minors for the benefit and
welfare of the minors.
3. We have heard the learned counsel appearing
for the appellants and learned Government Advocate for
the respondent and perused the material on record.
4. Learned counsel for the appellants submits that
appellant No.1 is the mother and the natural guardian of
appellant Nos.2 and 3, she be permitted to sell the petition
properties for the benefit and welfare of the minors and to
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provide them with proper education. It is submitted that
petitioner Nos.2 and 3 are currently studying in 11th and
12th Standard respectively, and financial resources are
required to support their higher education. It is submitted
that the sale of the petition properties as a guardian is
strictly for their benefit and welfare.
5. The trial Court found that no material was
produced by petitioner No.1 to substantiate the claim that
the minors required fund for their education or that she
was in need of money to meet their educational expenses,
further that petitioner No.1 has not made out any
sufficient ground to permit her to sell the minors'
properties.
6. Upon perusal of the material on record, we
observed that the appellants have failed to establish any
sufficient or compelling reasons to interfere with the
finding of the trial Court with regard to the refusal of
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permission to sell the minors' share of the petition
properties.
7. Section 8 of the Hindu Minority and
Guardianship Act, 1956 (hereinafter referred to as "Act"
for short) deals with the powers of the natural guardian in
respect of minors' property. Section 8(1) of the Act states
that the natural guardian has the power to do all acts
which are necessary or reasonable and proper for the
benefit of the minor or for the realisation, protection or
benefit of the minor's estate.
8. Section 8(2)(a) and (b) of the Act, however
holds that the natural guardian shall not without the prior
permission of the Court, mortgage or charge or transfer by
sale, gift, exchange or otherwise, any part of the
immovable property of the minor or 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. Section 8(3) of the Act
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envisages any disposal of a minor's immovable property in
contravention of Sub-section (1) or Sub-section (2) by a
natural guardian is voidable at the instance of the minor or
any person claiming under him. Section 8(4) of the Act
states that the Court shall grant permission only if the
transaction is necessary or clearly for the advantage of the
minor. The appellants have failed to furnish particulars
supported by any documentary evidence demonstrating
the sale of the petition properties is necessary for the
benefit and welfare of the minors.
9. In the said circumstances, we find no infirmity
in the order passed by the trial Court and accordingly we
pass the following:
ORDER
i. The Miscellaneous First Appeal is hereby
dismissed.
ii. The order dated 20.04.2024 passed in G & WC
No.46/2023 by III Addl. Senior Civil Judge,
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Vijaypaura is hereby confirmed. However,
liberty is reserved to appellant No.1-petitioner
No.1 to file a fresh application, if so advised, by
furnishing cogent evidence demonstrating the
necessity and evident advantage to the minors
for the sale of the petition properties.
iii. It is needless to say that if such an application
is made before the competent Court, the same
to be considered in accordance with law and on
its own merits.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
Sd/-
(K S HEMALEKHA)
JUDGE
AT
CT:NI
