SAKSHI DEVI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) EXEMPTION allowed subject to just exceptions.

(2.) FOR the reasons stated in the application, delay of 156 days in filing the appeal is condoned.

(3.) IN law, there is no bar to sell an undivided share in the joint family property provided there is no prejudice to the family and there is no prejudice which is found by the court below to deny the transfer of the interest. Also, the interest of the minor is so miniscule that no prejudice will be caused. I fail to understand that what would be the advantage to the minor in continuing to have a minuscule interest of 1.19% in the suit property, because the monetary value of such amount cannot be used for upkeep and maintenance of the minor without selling thereof. The object of taking permission from the Court for selling of the property is to ensure that interest of minor is protected and the property is sold for legal necessity. Taking care of the minor and upkeep and maintenance is a legal necessity, more so in the facts of the present case in which minor had a very small share and which is otherwise useless for the minor. A legal necessity or benefit of the minor exists for selling the minor's share. In any case in order to ensure sanctity of the joint family I hold that the share of the minor will be first offered at market value to any one joint owner and only if a joint owner refuses to purchase the share of Manya at market value the same can thereafter be sold to a third person. Market value will be the value at which a third person agrees to purchase the minor's share.