Minors property sale
Chetan Pardakhe
(Querist) 23 November 2011
This query is : Resolved
How to sale the Minors Property by their natural guardian MOTHER after the death of her husband.
pls provide provision along with DRAFT
DRAFT reqired
Regards
Shailesh Kumar Shah
(Expert) 23 November 2011
No one can sell Minor's property without the consent of DJ.
DJ can allow only the benefit of Minor.
prabhakar singh
(Expert) 23 November 2011
In your case as the husband is dead mother is no doubt natural guardian of her son under Hindu minority and guardian ship Act 1956 u/s 6(a).But her rights to deal the property of the minor would be governed by section 8 of the said Act which does NOT allow natural guardian to sale his property without prior permission of the District Judge.
Your application shall be moved before the district judge u/sec.8 of this Act read with provisions contained in the Guardians and Wards Act,1890.
The application would have to justify the need of sale for the benefit of the minor.
Such as his educational expenses or his otherwise general maintenance on statement that mother has no means to maintain him.
The application shall contain all information stated in section 11 of the Guardians and wards Act as shown below:..
.
0. Form of application
(1) If the application is not made by the Collector, it shall be by petition signed and verified in manner prescribed by the Code of Civil Procedure, 1882 (14 of 1882)7, for the signing and verification of a plaint, and stating, so far as can be ascertained,-
(a) the name, sex, religion, date of birth and ordinary residence of the minor;
(b) where the minor is a female, whether she is married, and if so, the name and age of her husband;
(c) the nature, situation and approximate value of the property, if any, of the minor;
(d) the name and residence of the person having the custody or possession of the person or property of the minor;
(e) what near relations the minor has, and where they reside;
(f) whether a guardian of the person or property or both, of the minor has been appointed by any person entitled or claiming to be entitled by the law to which the minor is subject to make such an appointment;
(g) whether an application has at any time been made to the court or to any other court with respect to the guardianship of the person or property or both, of the minor, and if so, when, to what court and with what result;
(h) whether the application is for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both;
(i) where the application is to appoint a guardian, the qualifications of the proposed guardian;
(j) where the application is to declare a person to be a guardian, the grounds on which that person claims;
(k) the causes which have led to the making of the application; and
(l) such other particulars, if any, as may be prescribed or as the nature of the application renders it necessary to state.
(2) If the application is made by the Collector, it shall be by letter addressed to the court and forwarded by post or in such other manner as may be found convenient, and shall state as far as possible the particulars mentioned in sub-section (1).
(3) The application must be accompanied by a declaration of the willingness of the proposed guardian to act, and the declaration must be signed by him and attested by at least two witnesses.
Rajeev Kumar
(Expert) 23 November 2011
I do agree with experts
Lawyer SALEEMA KABEER
(Expert) 11 May 2014
The property of minor could be sold out by the natural Guardian only for the welfare of the said minor and on getting permission from the concerned District Court.
