Mortgage of property in which minor is involved

Querist : Anonymous (Querist) 12 April 2010 This query is : Resolved
There is one joint family ancestral property. There is one minor son. Father want to take loan by mortgage the property. 1) Can he?
2)the permission of the court is necessary?
3) In what case the property can be mortgaged without going to court?

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n.k.sarin (Expert) 12 April 2010
If there is share of minor son in the property,it cannot be mortgaged without the prior permission of the Distt. court.
Permission is essential in case of minor's property.

bhagwat patil (Expert) 12 April 2010
No you cant.

Raj Kumar Makkad (Expert) 12 April 2010
If the aforesaid property is shown in revenue record just in your name then there is no problem to get it mortgaged even though it may be an ancestral wherein minor might have been interest therein.

N RAMESH. (Expert) 12 April 2010
In case of joint family property, a karta/manager/father can alienate (sale/mortgage etc)the property on behalf of minor son. Court permission is not required in such case.

Permission of Court is required only in cases where the property absolutely belong to minor or in the name of minor.

The law is well settled by several decisions of supreme court.

Raj Kumar Makkad (Expert) 12 April 2010
I do agree with Ramesh.

Querist : Anonymous (Querist) 12 April 2010
Ramesh Sir and Rajkumar sir...

Can u please give some citations???

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