AIR 2014 ORISSA 193 ::(2014) 2 CLR 570 (ORI) ::(2014) 2 Orissa LR 502 ::2014 (118) Cut LT 754

Orissa High Court

Hon'ble Judge(s): B. K. Nayak , J

Hindu Minority and Guardianship Act (32 of 1956) , S.6, S.11, S.12— Civil P.C. (5 of 1908) , S.9— Sale of minor's property by de facto guardian - Void or voidable - De facto guardian also Karta of Hindu joint family - Sale without legal necessity would be voidable at option of minor with regard to his undivided interest - Voidability of sale transaction could be decided only by Civil Court and not by Consolidation Authorities. Where the de facto-guardian of a minor is also the Karta or Manager or an adult member of the joint family including the minor himself, for sale by him of the joint family property including the undivided interest of the minor in such property, no permission of the court is necessary. Such sale shall be governed by the un-codified Mitakshara school of Hindu law, according to which sale by the Karta or Manager of the Hindu Joint Family Property without any legal necessity or benefit of estate shall be voidable at the option of the minor with regard to his undivided interest. Thus, the sale of minor's property in contravention of Section 11 of the Act is void and invalid must be held to be applicable to all properties of minor except where the sale is by a Karta or Manager of a joint Hindu Family of the undivided interest of the minor in the joint family property. The voidabi-lity of the sale transaction could only be deci....