Court Permission for Minors

In this connection I would like to recite section 8 o f" The HIndu Minority and Guardianship Act 1956" which states as follows:

The natural guardian shall not, without the previous permission of the court,

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

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

However, any such disposal by a nayural guardian in contravention of aforesaid provisions is not void but " voidable at the instance of minor".

Strict interpretation indicates previous permission of court. You may therefore consult any good civil lawyer in your region.

in addition to what hasbeen stated above, i would further like to clarify that the provisions of section 8 do not apply to any undivided interest of the minor in any joint family property as a coparcener. It also doesn't affect the right of the manager or karta of the joint family who can alienate joint family property so as to bind the interest of the minor coparcener, provided it is for the legal necessity as held by the Madras Highcourt. You may be aware of the amedment effected in Hindu Law whereby women now can act as kartas of HUf.

The natural guardian of a hindu minor has limited and ualified power to alienate minor's properties and that is only for legal necessity and benefit of estate.

as provided in section 12 of The Hindu Minority and Guardianship Act, the mother is not entitled to the custody of undivided interest of herminor son/daughter in the joint property on account of property not being a separate one and the minor's interest therein passes to the eldest member. So the said provision itself casts a shadow of doubt whether ur aunt can act as natural guardian of her minor daughter.

yes you have to seek the permission from the court under the Guardianship and Minority Act as per Section 8. becouse the court has to watch the welfare of the minor child.