All the five legal heirs are entitled to equal share in the aforesaid property. Since the appellant was finding it difficult to meet the expenses of her family as well as the educational expenses of her minor children, her mother-in-law Ponnammal and Kalaiselvi, daughter of Arutperunjothi through his first wife, who has become major, came forward to dispose of each of their proportionate onefifth undivided share in the aforesaid property. However, their share alone cannot be sold separately. Hence, the appellant decided to sell the aforesaid property to the respondent and hence, on 04.04.2013, she entered into a sale agreement with the respondent for a sale consideration of Rs.13,05,000/- and received an advance amount of Rs.7 lakhs. As each of the minor children of the appellant is entitled to one-fifth share in the property, on 08.04.2013, the appellant deposited the proportionate share of the minors in the advance amount received, namely, Rs.2,61,000/- each, in Indian Overseas Bank, Reddiarpalayam Branch, Puducherry in Deposit Nos. 123531 and 123532. Since necessary permission from the Court has to be obtained for selling two-fifths share of her minor children, as each one of them is entitled to one-fifth share in the property, the appellant filed G.O.P. No. 62 of 2013 before the Trial Court under Section 8(2) of Hindu Minority and Guardianship Act, 1956 read with Section 29(a) of Guardians and Wards Act, 1890 seeking permission. However, the said petition was dismissed holding that the appellant has not adduced any evidence before the Court, either oral or documentary to support her claim that she has got no other income and that she has no other movable or immovable property except the aforesaid property. Moreover, the Trial Court was also of the opinion that no proper explanation had been given as to under what circumstance, the sale agreement was entered into by the appellant, without getting prior permission from the Court. Hence, the present appeal.
