Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor - Suit filed through grand father - Minor can file suit through next friend who need not to be the natural guardian only - Natural guardian can be any person, not necessarily any of the guardians enumerated in S.4 of Hindu Minority and Guardianship At, 1956 - Held, suit filed by minor through grand father is..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Mother of minors approached Guardian Court seeking permission to sell property belonging to her minor children - Permission granted by Court with direction that mother of minor children can sell property belonging to her children within one year from passing of judgment - However, property sold after one year - Held,..........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, Civil Procedure Code, 1908, Section 11 -- Custody of minor child - Review/modification of consent order - Custody of minor child given to mother by way of consent order with visiting rights to father - Mother tutored child to make him hostile towards father and thus frustrated..........
Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Minor - Custody - Minor below 5 years of age - Held, ordinarily mother will be entitled for the custody of minor who has not completed the age of 5 years - Interim custody given to mother...........
Hindu Minority and Guardianship Act, 1956, Section 13, Guardians and Wards Act, 1890, Section 7 -- Custody of minor child - In the matter of custody of a minor child, the paramount consideration is the welfare of the minor and not rights of the parents or relatives under a statute which are in force - Term `welfare' means moral and ethical welfare of the child as well as..........
Hindu Minority and Guardianship Act, 1956, Section 8, Order 1, Rule 9 -- Sale of minors property by defacto guardian without obtaining permission of Court - On attaining majority minor filing suit against vendee to declare the sale as null and void - Vendor is not a necessary party - In case suit is decreed vendee has a right to claim amount from vendor in a separate suit..........
Guardians and Wards Act, 1890, Section 19, 21, Hindu Minority and Guardianship Act, 1956, Section 6, 10, 13 -- A minor Hindu girl aged 16 married minor Hindu boy aged 18 years against the wishes of her parents - After marriage though voidable, father of the girl ceased to be her natural guardian - Her natural guardian is her husband even though he is minor - Court cannot..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor - Even if the rights of a minor in the immovable property are effected by act and conduct of his natural guardian, Court is the overall guardian of the minor who has to see that the title of the minor in the immovable property is not effected by any of the mode of transfer of property where there is no necessity..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor - Permission of Court to sell minor's immovable property - Neither any necessity nor any evident advantage shown - Property to be sold either to keep the sale consideration in the nationalized bank or for purchasing some other land - Held, reasons assigned not logic - Not in the interest of minor to permit sale..........
