Sale of Property of Minor -- No Court Permission Required for Sale of Minor's Undivided Interest in Joint Family Property
Section 8(2) of the Hindu Minority and Guardianship Act, 1956, requiring prior court permission for sale of a minor's property, applies only to separate property of the minor. It does not extend to a minor's undivided interest in joint Hindu family property. Where an adult member manages such property, Section 12 of the 1956 Act excludes appointment of a guardian and correspondingly the requirement of court permission. A mother, being both natural guardian and adult manager of joint family property after the father's death, is competent to alienate the minor's share for the minor's welfare.
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