Competent Court under Guardianship and Wards Act
H. S. Thukral
(Querist) 26 April 2008
This query is : Resolved
The property in the name of minor iies in Haryana whereas he ordinarily resides in Delhi.The natural guardian of the minor wants to sell the property for the benifit of the minor. Which Court will sanction permission, Delhi or the appropriate Distt. Court in Haryana. How and what parties in the petition are to be arrayed.
Rajesh Kumar
(Expert) 26 April 2008
The property in question appears to be an immovable property- the court having jurisdiction over the immovable property has jurisdiction- in this case Gurgaon Court.
H. S. Thukral
(Querist) 26 April 2008
Can I have any other opinion and answer to IInd part of my query?
Kiran Kumar
(Expert) 27 April 2008
well u can file a suit against General Public if there is no specific opponent is available.
But if u ve procured the custody of the minors from the court under the Act then u will have to make the then parties to the proceedings as the defendants in this proceeding also.
Manish Singh
(Expert) 23 May 2008
According to judgments, courts of both the places have valid jurisdiction and you can file as uit anywhere between the two.
SANJAY DIXIT
(Expert) 17 June 2008
The court having jurisdiction over the immovable property of a minor would be the appropriate Distt. Court in Haryana.
According to S.8(5) & S.8(6)of Hindu Minority & Guardianship Act,1956, which says-
S.8(5) The Guardians and Wards Act, 1890,(8 of 1890) shall apply, to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29.of that Act, and in particular---
(a)proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof;
(b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act ; and
(c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.
S.8(6) In this section, " court " means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890, within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.
