Whether permission is required to sell undivided share of minor in joint family property or not? Succinct report on Gujarat HC’s decision

Gujarat High Court: A.G. Uraizee, J., decided a matter with regard to permission to sell the undivided share of minor from the joint family property.

Present appeal under Section 47 of the Guardians and Wards Act (GNW Act for short) read with Section 96 of the Code of Civil Procedure, 1908, the appellant assailed the decision of Additional District Judge whereunder the application under Section 9 of the GNW Act for permission to sell the undivided share of minor was rejected.

Citing the decision of this Court in Sankhala (Mali) Kantaben v. Rabari Panchabai Chelabai, AIR 2020 Guj 205, Shivangi Vyas, Advocate for the appellant submitted under Section 12 of the GNW Act, no permission was required to sell the undivided share of the minor. Therefore, she urged that the impugned judgment may be set aside, and appellant shall be permitted to sell the undivided share of her minor son.

An affidavit was also filed wherein it was stated that the land was being sold to tide over the financial difficulties.

High Court observed that no permission was required to sell the undivided share of minor in the joint family property.

To the above, Court added that the interest of the minor son is to be taken care of, while his share of joint family property is being sold.

Bench while giving permission to sell the undivided share of her minor son in the joint family property, directed the appellant to intimate to the trial Court, the total sale consideration derived from the sale of joint family property and the amount falling to the share of her minor son shall be deposited in the trial court.

Further, the trial court, in turn, shall invest the same in FDR receipts in a nationalised bank for a period of five years or till the minor attains the age of majority, whichever is earlier, and the periodical interest accruing on the FDR receipts shall be disbursed in favour of the minor through his guardian i.e. the appellant. [Kantaben Jayendrabhai Savla v. Nil, R/First Appeal No. 1977 of 2021, decided on 17-08-2021]


Advocates before the Court:

Shivangi D Vyas for the appellant(s) 1,2,3

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