Hindu Minority And Guardianship Act, 1956 Section 8 – Undivided interest of the Hindu minor in joint family property – Whether the provisions of Section 8 of the Hindu Minority And Guardianship Act, 1956 were applicable to the Joint Hindu Family property sold or disposed of by the Karta?, No – 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 minors 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 – 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.
read HERE 1996 PLRonline 0003
.Sri Narayan Bal v. Sri Sridhar Sutar , 1996 PLRonline 0003