A court may permit sale of a minor’s indivisible property share when the sale serves the minor’s welfare.

The petitioner, the mother and natural guardian of minor P. Yogeshwari, sought permission to sell the minor’s 1/10th share in jointly held property.

The petitioner said the property was not income-generating, the building was in poor condition, and the co-owners had agreed to sell it to R. Ajith for a total consideration of ₹1,18,80,000. The minor’s share was valued at ₹11,88,000.

The petitioner also relied on her financial difficulties and the need to meet the minor’s expenses.

The co-owners had executed an agreement of sale and provided consent affidavits; the petitioner gave oral and documentary evidence before the learned Master.

The petition was brought under Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956, read with Order XXI Rules 2 and 3 of the Original Side Rules.

Whether permission should be granted to the petitioner to sell the minor’s 1/10th share in the property.

Whether the proposed sale proceeds should be protected through conditions governing deposit, investment, and withdrawal.

The Court considered Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956, which was invoked as the basis for seeking permission to transfer the minor’s immovable property, and Order XXI Rules 2 and 3 of the Original Side Rules, under which the petition was filed.

The Court’s stated governing consideration was whether the proposed sale was in the minor’s best interest; it cited no precedents.

The Court found that the minor’s share could not be divided and dealt with independently, and that joining the other co-owners in the sale was in the minor’s best interest.

It considered the agreed sale price, the petitioner’s evidence, the co-owners’ consent, and the condition of the property in reaching that conclusion.

To safeguard the minor’s entitlement, the Court required the minor’s share of the proceeds to be deposited and placed in a fixed deposit, while permitting the mother to withdraw interest quarterly for the minor’s upkeep and maintenance.

The ₹11,88,000 share of the consideration, less any applicable TDS, must be deposited in a nationalised bank before execution and registration of the sale deed, which must occur by 31 January 2027.

The sum must be invested in a fixed deposit, initially for two years and then renewed for a further two years; the mother may withdraw interest quarterly for the minor’s upkeep and maintenance.

The sale deed and fixed-deposit documents must be filed with the Registry within four weeks of registration.

On attaining majority and maturity of the deposit, the minor may seek payment of the principal and accrued interest.