SACHIN Vs. NIL

JUDGEMENT

(1.) Heard learned counsel for the Appellant and perused the material available on record.

(2.) Initially applicants have filed an application under Section 8 [2] of the Hindu Minority and Guardianship Act, seeking permission to sale the agricultural land purchased in the name of the minor. Applicant no.1 is father, who has purchased the concerned land in the name of minor applicant no.2 [son], under registered Sale deed dated 14.03.2013. Applicant no.1 contended that the agricultural land situates at village Vijay opal, Tahsil Deori, District Wardha, whilst he has shifted his residence at Wardha. According to the applicant no.1 his minor son [applicant no.2] is presently taking education at Wardha in 9th standard in Agragrami High School. Likewise the appellant no.1 informed that his daughter is taking education in 2nd year B.A.M.S. Course.

(3.) The applicant no.1 sought permission mainly on two grounds that he is unable to cultivate the agricultural land and he require funds to educate his children. On perusal of the sale deed date 14.03.2013, it discloses that the land was purchased by father in the name of his minor son [appellant no.2]. It is apparent that father has paid the consideration, since his son was barely a child of 7 years. The Court can grant permission to the natural guardian to sell minor's property, provided there is a case of necessity and sale is for the benefit of the minor.