Code
“(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.
(2) The natural guardian shall not, without the previous permission of the court—
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or
(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.
(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor.
(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular—
(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof;
(b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and
(c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the Acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.
(6) In this section, “Court” means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890 (8 of 1890), within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.”
— Section 8, The Hindu Minority and Guardianship Act, 1956
Explanation
Section 8 outlines the scope of powers granted to a natural guardian over a Hindu minor’s estate, particularly immovable property. It ensures that the guardian’s authority is both beneficial and restricted in a way that protects the minor’s long-term interests.
Key Points:
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The natural guardian may take decisions for the minor’s benefit but cannot make personal covenants binding on the minor.
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Court permission is mandatory for significant transactions involving immovable property like sale, mortgage, gift, or long-term lease.
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Any unauthorized transactions can be challenged and declared voidable by the minor or anyone representing them.
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The court will only grant permission if the transaction is necessary or evidently beneficial for the minor.
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Applications for such permissions are governed by the Guardians and Wards Act, 1890, specifically referring to sections 4A, 29, and 31.
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Jurisdiction lies with the court within whose territorial limits the property is located.
Illustration
🔹 Example 1:
A father, being the natural guardian, wants to sell a piece of agricultural land belonging to his minor son.
→ He must seek prior permission from the city civil or district court. If he sells it without approval, the sale can be declared voidable when the minor attains majority.
🔹 Example 2:
A mother wants to lease out her daughter’s inherited property for 10 years.
→ This exceeds the 5-year limit or the 1-year post-majority rule, so she must approach the court under Section 8(2)(b) for permission.
Common Questions & Answers
Q1: Can a natural guardian sell a minor’s property without court permission?
No. Any sale, mortgage, lease, or gift of immovable property requires prior court approval under Section 8(2).
Q2: What happens if a guardian sells property without permission?
Such a transaction is voidable at the minor’s instance under Section 8(3).
Q3: Which court should the guardian approach?
The city civil court or district court where the property is situated, as per Section 8(6).
Q4: What is the criterion for granting permission?
The court will only permit if the transaction is necessary or offers clear advantage to the minor (Section 8(4)).
Q5: Is there any recourse if the court refuses permission?
Yes. An appeal can be made to the court that ordinarily hears appeals from that decision, per Section 8(5)(c).
Conclusion
Section 8 ensures a balance between a guardian’s authority and the protection of a minor’s property interests. While it allows natural guardians to act in the minor’s best interest, it also mandates judicial oversight for significant decisions, thereby safeguarding minors from potential exploitation or mismanagement.
