Minor's share in a joint family property

Minor share in Joint family:

As per Section 8 of the Hindu Minority and Guardianship Act, 1956, no previous permission of Court is required to be obtained before disposing of an immovable property wherein the minor's interest/share is involved in respect of a joint Hindu family property. The Hon'ble Supreme Court Sri Narayan Bal and others V. Sridhar Sutar and others in AIR 1996 Supreme Court 2371;

Under Section 8 a natural guardian of the property of the Hindu minor, before he disposes of any immovable property of the minor, must seek permission of the Court.

But since there need be no natural guardian for the minor's undivided interest in the joint family property, as provided under Sections 6 and 12 of the Act, the previous permission of the Court under Section 8 for disposing of the undivided interest of the minor in the joint family property is not required. The joint Hindu family by itself is a legal entity capable of acting through its Karta and other adult members of the family in management of the joint Hindu family property. Thus Section 8 in view of the express terms of Sections 6 and 12, would not be applicable where a joint Hindu family property is sold/disposed of by the Karta involving an undivided interest of the minor in the said joint Hindu family property.

The Hon’ble Madras High Court’s Division Bench decision in “K.Logambal and 3 others V. V.V.Sakunthala and 6 others in 1997 (II) CTC 602 at pages 604 and 605”