Gardians and wards act, 1890
Adv. Hemangi Jade
(Querist) 12 March 2012
This query is : Resolved
Sir,
I am Jr. Advocate.
My Client wants to dispose of his property in which his minor Son is Co-owner.
I learnt that for sale of minors property his father would have to declare himself as his guardian.
Hennce, I want to move an aplication under Sec. 10 of Gardians and Wards Act, 1890.
Please giude me about the procedure for the same as regards Jurisdiction, Court Fee Stamp, Contents in brief, approximate duration for disposals of the application etc.
Please guide me. Thanking you in anticipation.
Deepak Nair
(Expert) 12 March 2012
Is it Sec.8 or Sec.10??
Pelase conform again. I thing Sec.10 provided that minors can't be guardian to minor's property.
Raj Kumar Makkad
(Expert) 12 March 2012
Father is a natural guardian and he do not need to take any declaration rather he has to obtain the permission of the court s
Gulshan Tanwar
(Expert) 13 March 2012
There is no need of permission if the thing had been done in good faith, please go through CPC order XXXII... everything written in it.
Shantilal Pandya
(Expert) 13 March 2012
Father himself is a guardian he need not seek appointment , If the property is of joint family in which the minor might have interest it can be transferred without the permission of the court if the alienation is for legal necessity and in the interest of the minor the father beibg the Karta of the family ,, how ever on attaining majority minor can challenge the alienation on the grounds of absence of the grounds upon which the transfer was made
ESTHERPRIYA
(Expert) 15 March 2012
You have to file petition for appointment of guardian for sale of his property in court and require court permission to do that.
M V Gupta
(Expert) 16 March 2012
You have not stated how the minor son became co owner of the property. If it is HUF property father can dispose without any need for permission from the Court for legal necessity of the famiy. If the father had purchased the property from his own money then also there does not appear any need for permission from the Court as father is the natural guardian of the minor both for his person and property.
