Response

You have to file a original petition before the appropriate court for the permission of selling the suit property if the selling is for the benefit of minor child. The minors property cannot be sold without the permission from court. Even if sold it, the minor has the right to challenge it on her attaining majority.

The Karnataka High Court in Gangoji Rao and Anr. v. H.K. Channappa and Ors. , held that the mother is not a de facto guardian in the sense used in Section 11 of the Hindu Minority and Guardianship Act and can alienate the property for family necessity or in the interest of the family.

An alienation made by the guardian without the permission of the Court is voidable at the option of the minor. A natural guardian deals with the immovable property in contravention to sub-section (1) and (2) then it is voidable and does not bind on the minor.

The minor has to be represented by her mother and guardian in executing the sale deed in the recital of which all the relevant facts and circumstances have to be clearly stated. In the absence of any court order requiring the deposit of the minor’s share in a bank account, it is not necessary to do so.

1) seller has to apply to court seeking permission to sell minor share in property
2) court would grant permission subject to placement of minor share of sale proceeds in a fixed deposit in her name

Reference: Hindu Minority and Guardianship Act

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LAWAYZ-2023-783