Sale of minor's property

Dear Querist,

Section 8 of the Hindu Adoptions & Maintenance Act, Sub Clause (2) provides that such sale can only be for the evident necesssity or benefit of the minor, and only after court sanctions the sale. Otherwise the sale would be voidable, i.e good as long as the minor does not avoid it. However this won't apply in case of minor's interest in Undivided coparcenory property (fluctuating interest that he gets as birth right in Joint Hindu Family) in such case - the Karta has the power to alienate for legal necessity or benefit of estate - and if such imperative need is established, minor won't be able to challenge it. 

Hope this answers your concern !

Hi Mr. Bharat,

Thank you very much for your quick reply.  But, sorry to say, this is too confusing; as i have no knowledge in these legal jargons.  Can you please make it in simple english, whether it is mandatory or not.  If not, can you please quote some case laws.  Thanks again.

Dear Lawyers.

 I work with Institute of Social Work (ISW), a NGO,  formed in 1978 by a group of young and dedicated social workers. The aims of this organization is to serve for the betterment and the upliftment of the social condition of the poor and neglected section of our society especially the women who have always been the oppressed ones in our society. Eversince the case is open through RTI, we have lots of opinions, comments from people all over India. I don’t have legal knowledge as I am not a lawyer.

 Sex workers are not criminals. Please note it. In many countries it is legal, while we are having talks about making it legal here. I come across a group of girls sitting in library studying their PHDs, or Master of philosiphy  (Darn never heard of this )  after post graudation,  who would take delight in talking endlessly  about their area of subject (how dreary) , or debate about public issues  . We call them dreary intellectual.  Are girls not thought to talk about makeup, parties, boyfriends. Having a single boyfreind is oh so great, having more than one makes you sizzling.  A girl’s classmates or college fellow know & tell more about them than set of people who are susceptible in gauging  souk wield.  Welcome to India.  In country such as India what is pupose of educating girls so much after once they finish their post graduation with suave MBAs or MCAs , after all they are girls , they will get married &  go to their husband homes & manage them. There are families where we have honour killings  if a girl shows inlication towards another men, she is kiiled- or in futher more modernised versions of family sagas , they are restricted away from such probable men & married off to  men whom these families knew. 

There are families where you can talk about boyfriends or stealth while shutting off your Nanis or there are girls who would not not attend calls after definite hours for respecting familiy rules. There are  girls who are charopened by elders  or brothers when they wear knee length shorts  or skirts , while on other hand - there are families where girls would bunk classes or wander with their boyfriends without hesitation  mini skirts, the men who are not in their  family or they don’t have any relationship with, exams who cares? We have families who ask for virginity tests or HIV tests, while setting up martial relationship without hestataion with pride (husband feels unneccesary  proud , while on other front we have families where girls speak up about their past boyfriends with their prospective grooms ).

I am a social worker, I believe in crime, punishment but I don’t belive in restricting girls from living their life, making friends of opposite s*x.

I am not a kind of person who is gullible or can be swayed easily, with one sided opinions but I do feel there has to be correctional methods rather than only giving punishment to criminals . Although its wrong to say  that girls who never got a boyfriend is unattractive or sissy , but these days everyone has boyfriends.

Sex Trade is illegal, in India, I don’t want to make any issue political about India, but exams were most important. If police would have not taken step, then she would have called many more men, here parents must not be supportive.

I don’t know when she could endlessly about her boyfriends infront of Nani or mother, what led her to use payphones or stolen SIMs.

I am on neither side but a person with softcorner towards girls. I had interacted through many s*x workers, they were educated upto graduation, they could communicate very well in more than one foreign language, they told me they were simply doing it for money involved,

The men dealing with s*x trade business & prostitution  were very suave with their own professions in IT, Management, Adminstration or even politics, they knew more than one language, were very convincing & sofisticated. The modern day pimps using girls for s*x trade for additional income. Here girls suffer.

The girls told us that they funded their graduation education through the s*x trade. I feel pity, although it illegal. These women sometimes form emotional connection with men , if they trade on regular basis, this is called one sided love,  but I understand feelings as a social workers on on one sided views of society or a person.

These days we have girls with many friends of opposite s*x with whom they study or have their lunch hours, not during exam times , in colleges. Losing virginity is a big deal in India but in other countries its not. Sex workers are not criminals- please note it. I spent many days talking about their problems, they told me that customers always ask packages of massage, oral s*x , anal s*x and v**ginal s*x, but they could never get out without having v**ginal s*x during a session, as the customer wants full utilization of the money they invest, so they had fears about having worryfree married life where husband would never get to know about their virginity status, I told them life is not all about virginity of v**gina , if you are honest in a relationship, then it will sustain otherwise result in a divorce. These girls when are in their menstruation, or pregnancy , tell their customers through mails, calls  or messages without hesitation, I don’t think its illegal when they are being honest to their family, customers who are paying them. We have many models into s*x trade, they have high maintainence lifestyles, which requires money, it’s a trap, where to refill their money requirements they get into the s*x trade racket. We social workers, lawyers who have full time tiring jobs where thought of earning  through s*x is very revolting, but what about people who cannot earn as they don’t have required degrees or mental caliber to match the stringent society norms.  You get easy money, where you earn more than thirty thousand a day with a single customer.

In other countries s*x trade or prostitution is only legal way of earning fast money without the hard work of a regular job.  I don’t think law or policemen are watchdogs where you have to feel trapped as told by lawyers here , but we have collective responsibilty to make society a better place.  If the trend of giving or getting virginity tests with HIV status is gaining importance in India, we would have to support it. 

Hello Sir/Madam,

A property was sold to me by my mother in the year 1998, when i was minor. The transfer took place on P.O.A., the original registry (not P.O.A.) for whole plot is in my mother's name, but before such transfer, the same plot was also transferred by my mother to her father in the year 1990, after their mutual understanding, because he helped her financially  in purchasing that plot.

Before 2 years I got married, but some disputes between my wife and mother it can be possible that I have to leave home. In this case, is it possible for my parents to sale my property without my permission or written consent? I have an electricity meter and gas connection in my name.

Please suggest me. 

My date of birth is 02-07-83