By sheethal Sheril, Advocate
Introduction
The protection of a minor’s property is a foundational principle in Indian law, since minors cannot legally enter into any contracts, law impose strict rules on how their property can be safeguard/ managae or transferred to prevent misuse and to protect the minors interest.
Statutory Framework
Section 8 of the Hindu Minority and Guardianship Act, 1956 prohibits a natural guardian from selling, mortgaging, or transferring a minor’s immovable property without prior permission from competent court.
If the transaction made without court approvals, it is not void ab initio but voidable(Valid) at the instance of the minor upon attaining majority. This give protection to the minor and allow them to decide what is best for their property for long-term.
Traditional Judicial Approach
Earlier, courts have adopted a strict Procedures. In a landmark case, it was held that a minor must initiate a formal suit within the prescribed limitation period to cancel such transactions. This made necessary for a minor to take legal action against the previous transaction which was sometimes difficult and consume more time.
Evolving Judicial Perspective
The recent judgement of Supreme Court of India “K.S. Shivappa v. Smt. Neelamm” has changes earlier judicial approach. The court held that minor does not always need to initiate formal suit to cancel such transaction. If such person after attaining majority through their conduct (i.e. by resale property) They do not accept earlier transaction; it can be treated as rejection. This is more practical and fair approach; it will reduce unnecessary legal procedure.
Impact on Property Transactions
This development makes it easier for minor to protect their interest without going to long court cases. It also increases responsibility of purchasers. Purchasers need to more careful while purchasing property that may involve minor interest. They should check all title documents, that court permission has been taken and verify that the transaction is legally valid.
Conclusion
The evolving legal position clearly indicates; The law is now strengthening the protection of minor’s property in India by focussing more one fairness than strict procedure. It is not only protecting the minor interest and also make buyers more responsible.
In my opinion, these issued usually arise at the time of title verification, especially when court permission is not obtained. It is the duty of the purchaser to verify the title documents carefully and ensure that minor interest is protected. In practice, I have seen that sale consideration should be deposited in bank account in the minor name, which help in avoiding future dispute and litigation.