Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The district judge must follow a structured procedure and exercise due diligence when considering a petition for the sale of a minor's property under Indian law. This ensures the minor's interests are protected, as mandated by the Hindu Minority and Guardianship Act (HMGA), 1956, and the Guardians and Wards Act (GWA), 1890. Below is the detailed process and precautions:
Procedure for the District Judge
Petition Submission
The guardian must file a petition under Section 8(2) of HMGA and Section 29 of GWA, including:
Detailed description and valuation of the property.
Reasons for the sale (e.g., necessity, financial hardship, or evident advantage to the minor).
Plan for utilizing sale proceeds (e.g., education, healthcare, or reinvestment).
Court Scrutiny
Verify the guardian’s authority and relationship to the minor.
Assess whether the sale is necessary or offers clear benefit to the minor.
Public Notice and Transparency
Issue public notices under Order XXXII Rule 7 of CPC to invite objections and ensure competitive bidding.
Notify close relatives and stakeholders to prevent conflicts of interest.
Valuation and Fair Price
Appoint a court commissioner or independent valuer to determine the property’s market value.
Ensure the sale price aligns with the valuation report.
Court Approval
Grant permission only if the sale is demonstrably in the minor’s interest.
Attach conditions for safeguarding proceeds (e.g., depositing in a secured account or fixed deposit).
Precautions for the District Judge
Conflict of Interest: Ensure the guardian is not personally benefiting from the sale.
Proceeds Management: Direct proceeds to be used strictly for the minor’s welfare, with oversight mechanisms.
Voidability Warning: Inform parties that non-compliance with court orders renders the sale voidable by the minor after attaining majority.
Limitation Period: Note that the minor can challenge unauthorized sales within 3 years of attaining majority under Article 60 of the Limitation Act.
Sample Order Format
IN THE COURT OF THE DISTRICT JUDGE AT [CITY/STATE]
GUARDIANSHIP PETITION NO. [X] OF [YEAR]
In the matter of:
A.B. (Guardian of Minor C.D.)
Versus
State & Others
ORDER
Background: The petitioner, as natural guardian of minor C.D., seeks permission to sell property [details] for [reason].
Court Findings:
The sale is necessitated by [specific reasons, e.g., educational expenses].
Independent valuation confirms the property’s market value as ₹[X].
No objections received after public notice.
Directions:
Sale permitted at a minimum price of ₹[X].
Proceeds to be deposited in a secured minor’s account until majority.
Guardian to submit sale deed and utilization report within 30 days.
Legal Compliance:
Permission granted under Section 8(2) HMGA and Section 29 GWA.
Sale voidable if contravening terms, per Saroj v. Sunder Singh (Supreme Court).
Date: [Date]
Judge’s Signature & Seal
This framework balances statutory mandates with judicial safeguards, ensuring the minor’s property rights remain protected
