Sumandeep Kaur v. General Public
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= 8' ( 5('> "After hearing the learned counsel for the petitioner and perusing case file, I am of the view that petitioner has miserably failed to explain the necessity of selling the land owned by minors namely Manjit Kaur and Taranveer Singh and also welfare of minor children in selling the land owned by them. Not only this, daughter of minor Manjit Kaur who is born on 10.01.2007 itself reflects that she will become major after few months while son of the petitioner namely Taranveer Singh born on 23.06.2010 is of aged about 14 years and will attain the age of majority after about four years. The petitioner has also miserably failed to prove that land of minors is lying in different compacts in small pieces and said land is not being cultivated at present. Much
more, selling the land of minors will affect the rights of minors as rate of property will increase with passage of time. The welfare of minors in selling the landed property is not proved on record. Thus, it can be said that petitioner is not entitled to the relief claimed for" ? '( )
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.―(1) The natural guardian of a Hindu minor has power, subject to the provisions of this Section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.
(2) The natural guardian shall not, without the previous permission to the court,― (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
(3) Any disposal of immovable property by a natural guardian, in contravention of subsection (1) or subsection (2), is
voidable at the instance of the minor or any person claiming under him.
(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in subsection (2) except in case of necessity or for an evident advantages to the minor. (5) The Guardian and Wards Act, 1890 (8 of 1890), shall apply to and in respect of any application for obtaining permission of the court under subsection (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular― (a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of Section 4A thereof;
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