A minor’s property share may be sold if the proceeds are secured in an interest-bearing fixed deposit.

Urmila Anand, mother and guardian of 15-year-old Saijayani Anand, petitioned under Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956, read with Section 3 of the Guardians and Wards Act, 1980, and the Original Side Rules, for permission to sell her daughter’s one-third undivided share in immovable property.

The property belonged to the petitioner’s late husband, who died intestate, leaving the petitioner and their two daughters as his legal heirs.

The petitioner stated that sale proceeds would assist in providing for her daughters’ education and that she had identified another property for purchase in the family’s names.

The property was valued at ₹1.75 crore, making the minor’s one-third share approximately ₹58,33,333; an engineer’s valuation assessed it at ₹1,53,53,000.

1. Whether the petitioner should be permitted to sell the minor’s one-third undivided share in the scheduled property.

2. Whether conditions were necessary to protect the minor’s share of the sale proceeds and interests.

The Court considered Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956, which requires prior court permission for a natural guardian to transfer a minor’s immovable property by sale.

The petition also invoked Section 3 of the Guardians and Wards Act, 1980, and Order XXI Rules 2 and 3 of the Original Side Rules.

The Court’s stated focus was whether the proposed sale would harm or prejudice the minor’s interests; it imposed safeguards requiring the minor’s share to be deposited in an interest-bearing fixed deposit, with any later application of that amount towards another immovable property requiring further directions from the Court.

The Court accepted the death certificate and legal-heirship certificate as establishing the deceased owner’s death and confirming that the petitioner and her two daughters were the only persons interested in his estate.

It considered the petitioner’s explanation that her income was insufficient to meet her daughters’ higher-education needs, together with the valuation evidence showing a proposed sale price above the engineer’s valuation.

Finding no harm or prejudice to the minor from the sale, the Court allowed it while requiring the minor’s ₹58,33,333 share to be protected by deposit and reserving any proposed reinvestment in immovable property for further court approval.

The sale was to be completed on or before 31 January 2027, and a copy of the sale deed and proof of deposit were to be filed with the Registry within four weeks of execution and registration.

The petitioner may seek further directions to use the minor’s share towards purchasing another immovable property.

No costs were ordered.