Prudeta
2026 INSC 621
๐ Paras 2-3
The appellant, mother of a minor, sought court permission under Section 8 of the Hindu Minority and Guardianship Act, 1959, to dispose of the minor's inherited share in immovable property. The application was rejected by the District Judge and affirmed by the High Court. The property was originally acquired by the minor's great-grandfather, and subsequent inheritance led to the minor owning a share. In 2022, the co-owners agreed to a development project with M/s Shivam Estates and Developers in exchange for money and flats.
๐ Para 2
Whether the natural guardian of a minor can dispose of the minor's immovable property without court permission, and if so, under what conditions, considering the provisions of Section 8 of the
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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