Section 8 of HMGA : Section 8: Powers Of Natural Guardian

Explanation using Example

Imagine a scenario where Ravi is a 14-year-old minor whose father, Mr. Sharma, is his natural guardian. Mr. Sharma owns a piece of land that is legally in Ravi's name, which was inherited from Ravi's grandparents. Mr. Sharma decides that selling this land would benefit Ravi by funding his education abroad.

Under Section 8 of The Hindu Minority and Guardianship Act, 1956, Mr. Sharma must first seek the court's permission before he can sell the land, as it is an immovable property belonging to a minor. He must demonstrate that the sale is necessary or clearly advantageous for Ravi.

If Mr. Sharma were to sell the property without the court's permission, the sale would be voidable, meaning Ravi could choose to invalidate it once he reaches majority or through a representative.

Therefore, Mr. Sharma files an application in the appropriate local court, following the procedures laid out in The Guardians and Wards Act, 1890, to obtain the necessary permission to ensure that the transaction is legal and in the best interest of Ravi.