Kumari Aayushi Vs Nil — Karnataka HC (2025) — LawSathi Research

Kumari Aayushi Vs Nil — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed in part: impugned judgment dated 09.04.2025 in G & WC No.03/2025 set aside and the appellants' application for permission to sell the subject property allowed on terms - sale after wide publicity including public notice; 40% of the sale price to be received directly in the minor's account and deposited with a nationalized bank until majority (interest also not drawable); minor's interest strictly subject to these terms; further utilisation of the deposit only via fresh application to the Civil Court under Section 8 of the Act

Issue for consideration

Whether the Civil Court erred in rejecting the application under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 for permission to sell the minor's undivided share in the subject property, despite the case that the property is dilapidated, generates no income, and the guardian (a driver) lacks the resources to develop or manage it +1 more

Court's answer

Examining the appellants' grievance in the light of the undisputed facts and their specific stand that a much larger share than the minor's entitlement under the Partition Deed will be kept in fixed deposit and not applied otherwise without the Court's express permission, and given the legal mandate that the decision must be based on the necessity for an evident advantage to the minor, the Civil Court failed to consider material circumstances, resulting in an irregular order warranting interference but on terms

Ratio / Principle

Permission to sell the subject property is granted on protective terms: sale after wide publicity including public notice; 40% of the sale price to be received directly in the minor's account and deposited with a nationalized bank until the minor attains majority, with no entitlement to draw even the interest meanwhile; the minor's interest strictly subject to these terms

Key takeaways

If the second appellant proposes to apply the amount received on the minor's account and deposited in fixed deposit, for example for purchasing a property in the minor's name, he must make an appropriate fresh application to the Civil Court under Section 8 of the Actratio¶66

Detailed headnote1 paragraphs

Hindu Minority and Guardianship Act, 1956 - Section 8(2) - permission to sell minor's undivided share in immovable property - natural father, as guardian, sought permission to sell the minor's share in a Bengaluru house property devolving on the family through the child's grandmother (intestate succession followed by registered partition) on the ground that the property is dilapidated, generates no income, and the guardian, working as a driver, lacks the means to develop or manage it - Civil Court rejected the application, holding that no document except photographs proved dilapidation, that the father is under a legal duty to maintain the minor, and that no mental or physical disability was shown - Held, allowing the appeal in part: the decision on such an application must rest on necessity or the evident advantage of the minor; where the guardian undertakes to place in fixed deposit a share larger than the minor's entitlement under the partition, to be utilised only with the Court's permission, the Civil Court's failure to weigh these material circumstances renders its order irregular - Permission granted on terms: sale after wide publicity including public notice; 40% of the sale price to be credited directly to the minor's account and deposited with a nationalized bank until majority, interest also not drawable; the minor's interest strictly subject to these terms; any application of the deposit (e.g., purchase of property in the minor's name) only through a fresh application under Section 8 to the Civil Court.