Hindu Joint Family Property -- Relinquishment of minor's undivided share by mother - Natural guardian cannot dispose of share of minor in joint family Property - However, said principle would not apply when a family settlement is taking place between members of joint family - When such dissolution takes place and some of member relinquish their share in favour of Karta,..........
Guardians and Wards Act, 1890, Section 29, Hindu Minority and Guardianship Act, 1956, Section 8 -- Joint Hindu Family Property - Undivided share of minor - Sale by Karta/natural guardian - Without permission of Court - Where property in question is Joint Hindu Family Property in which minor had undivided share, previous permission of Court before disposing of property by..........
Muslim Law -- Validity of gift - Father made a gift of his 1/3rd undivided share in suit property to his minor son - Property is under tenancy - Gift is by registered deed - Requirement of possession is also met when right to collect rent stands transferred to donee under gift deed itself - More so, suit property is commercial property - Gift had no infirmity under Muslim..........
Hindu Law -- Joint Hindu Family - Minor - Undivided share in property - Property under management of adult member of family - Held, in such cases, no guardian shall be appointed for minor...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor - Share in Joint Hindu Family property - Legal necessity to sell property - Karta and senior member of the family are competent to dispose of undivided and unidentified share of minor even without permission of District Court...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor's undivided share in joint family property - Partition suit on behalf of minor filed by mother as next friend of minor against minor's father - Suit is not maintainable where it is not proved that father as natural guardian of minor has neglected to provide for minor's maintenance or denied his right or mismanaged..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Joint Hindu Family Property - Minor having undivided share in the property - Sale of property by father - S.8(2) is not applicable...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor's immovable property - Sale - Permission of Court - Provision applies only to the separate or absolute property of the minor - It does not apply to the minor's undivided share in the joint family property...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- `Immovable property of minor' - Power of natural guardian to deal with - It is in relation to minor's definite property and not his fluctuating indefinite interest in joint family property - Intention of the provision is not to fetter the customary power of the natural guardian in the matter of dealing with joint..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Immovable property of minor - Power of natural guardian to deal with under Section 8 is in relation to minor's definite property and not his fluctuating indefinite interest in joint family property - Intention of S.8 is not to fetter the customary power of the natural guardian in the matter of dealing with joint..........
