Appeal against order declining permission for natural guardian mother to lease minor's property for 30 years. Held, lease in welfare of minors, appeal allowed, order modified permitting lease subject to statutory conditions.
Impugned order modified to permit mother to lease 14.6 Bighas of minor's land subject to Section 8(3) conditions.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 323/2023
----Appellants
Versus
All Citizen Of India
----Respondent
For Appellant(s) : Mr. Shyam Paliwal Mr. Sameer Pareek Mr. Vishal Thakur
HON'BLE MS. JUSTICE REKHA BORANA Judgment
23/01/2024
Vide the order impugned, although the applicant mother Jankba has been declared the guardian of the minor wards
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[CMA-323/2023]
(2 of 4)
(applicant Nos.2 to 4) but the permission to lease out the property in question (belonging to the share of minors) by the natural guardian mother has been declined.
In the appeal, the details of the educational status of all the three minors have also been furnished.
In support of his submission, learned counsel for the appellants relied upon the judgment dated 30.03.2022 passed by
(3 of 4)
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a co-ordinate Bench of this Court in S.B. Civil Misc. Appeal No.840/2021 (Jhammu Kanwar vs. All Citizens of India) whereby the Court, in the welfare of the minor wards, granted the permission to the natural guardian mother to sell out the property in question.
“(2) The natural guardian shall not, without the previous permission of the court,—
A bare perusal of the above provision makes it clear that if a property of a minor is to be leased out for a term exceeding 5 years or for a term extending more than one year beyond the date on which the minor will attain majority, the previous permission of the Court is essential. Meaning thereby, if the lease is to be executed for a period of less than 5 years, the permission of the Court is not mandatory.
(4 of 4)
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natural guardian mother, there is no other person to take care of them.
As stated in the appeal, all the three children are staying at Kutch-Bhuj, Gujarat and it is quite natural that a single mother, that too working as a labourer, would find it difficult to provide better educational as well other facilities to the children without having any permanent source of income. The mother, if, vide the lease in question, gets an income of Rs.1,35,000/- per year as a permanent source of income, the same definitely would assist her in better upbringing of her children.
While the order declaring the applicant mother Jankba to be the guardian of the minor children is affirmed, it is also directed that the natural guardian mother would be entitled to enter into a lease qua 14.6 Bighas of land falling in the share of the minors as prayed for. However, the said lease shall be subject to the condition as imposed vide Section 8 (3) of the Hindu Minority And Guardianship Act, 1956.
(REKHA BORANA),J
107-KashishS/-
1 issue framed by the court
Whether the High Court has jurisdiction to modify the order declining permission for leasing minor's property over 5 years.
Colour shows how this judgement treated each authority
Jhammu Kanwar vs. All Citizens of IndiaReferred¶24
S.B. Civil Misc. Appeal No.840/2021 (Jhammu Kanwar vs. All Citizens of India)
1 provisions across 1 enactments
Janakba Ugamsinh Sodha
Swaroop Singh
Pooja @ Sudha
Kishan Singh
All Citizen Of India
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
