AIR 1996 SUPREME COURT 2371 ::1996 AIR SCW 899 ::(1996) MarriLJ 313 ::1996 (1) UJ (SC) 315 ::(1996) 1 HinduLR 174 ::(1996) 2 CivilCourtC 489 ::1996 (8) SCC 54 ::1996 (3) RecCivR 112 ::(1996) 1 CurCC 161 ::1997 ( ) All CJ 1043 ::1996 (1) BLJ 665 ::1996 (2) BLJR 1012 ::(1996) 1 CTC 390 (SC) ::(1996) MatLR 119 ::1996 (1) LJR 260 ::(1996) 1 Raj LW 166 ::(1996) 1 SCR 999 (SC) ::(1996) 1 JT 711 (SC)

Supreme Court Of India

(From : Orissa)*

Hon'ble Judge(s): M. M. Punchhi, K. S. Paripoornan , JJ

Hindu Minority and Guardianship Act (32 of 1956) , S.8— Applicability - Joint Hindu family property in which minor had an undivided share - Sole/disposed of by Karta - S.8 requiring previous permission of Court before disposing of immovable property - Not applicable. Hindu law - Joint Hindu family property in which minor had an undivided share sold/disposed of by Karta - Previous permission of Court before disposing said property not required. 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 Section 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 Section 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.(Para 5 ....