DEEPA DATTA NAIK Vs. NONE

JUDGEMENT

(1.) The First Appeal is at the instance of original Applicants whose Civil Miscellaneous Application No. 95 of 2024 seeking permission for the sale of undivided share of Applicant No.3-minor under Sec. 8 of the Hindu Minority and Guardianship Act, 1956 [for short, "Minority Act"] came to be rejected by the impugned judgment dated 23 rd December, 2024.

(2.) The facts lie in the narrow compass that the Application came to be filed by Applicant, who is mother of Applicant No. 3-Atharv Datta Naik contending that property in question was owned by Applicant No. 3 's grandfather, one Baban Krishna Naik, which property had been allotted to Baban Naik by City and Industrial Development Corporation Limited in lieu of acquisition of properties of Baban Naik. On 25 th December, 2019, Baban Krishna Naik expired. The Applicant No. 3's father Datta Baban Naik expired on 22 nd April, 2021. The Applicants are the legal heirs of Datta Baban Naik and after demise of Datta Baban Naik, the Applicants have inherited his undivided share in the plots allotted by CIDCO. Citing financial necessities, the Application came to be filed under Sec. 8(2) of the Minority Act for appointment of Applicant No. 1 as natural guardian of Applicant No. 3 and for permission to sale undivided share of Applicant No. 3 in subject- property.

(3.) The Application came to be rejected by Trial Court by taking into consideration, the provisions of Sec. 12 of the Minority Act, which provides that where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided share. The Trial Court held that in view of the provisions of Ss. 6 and 12 of the Minority Act, permission under Sec. 8 is not required for disposing minor's undivided share in the joint family property.