SANKHALA (MALI) KANTABEN Vs. RABARI PANCHABHAI CHELABHAI

JUDGEMENT

(1.) This appeal seeks to challenge the order dated 07.09.2019 rendered in Civil Misc. Application No. 32 of 2019 by the learned 2nd Additional District Judge at Deesa, District Banaskantha declining the permission to sale the property of minor under Section 12 of the Guardians and Wards Act.

(2.) On consideration of the submissions made by the learned Counsel for the appellant and on perusal of the impugned order, it would transpire that the appellant is the mother of the minor in absence of the father who expired on 10.01.2017. It appears that the properties sought to be sold comprises undivided interest of the minor in the joint family property. As the following discussion would show that for conveyance of such interest of minor, permission contemplated under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 would not be necessary. The Court below in this regard was not properly assisted.

(3.) Learned Counsel for the appellant has relied upon Sections 6, 8 and 12 of the Hindu Minority and Guardianship Act, 1956, to contend that in case of an undivided share of the minor in the joint family property, no permission of the Court would be necessary.