top of page

Voidability, Consent, And Capacity: Doctrinal Tensions In Minor’s Property Alienation




Shailee Mishra, Law Officer, Bank of Baroda, Regional office Gandhinagar

Yashavardhan Pandey, Assistant Professor, RMLNLU, Lucknow


ABSTRACT


The legal framework governing the alienation of a minor’s property in India presents a duality between statutory guardianship under the Hindu Minority and Guardianship Act, 1956 (HMGA), and the traditional autonomy exercised within the Hindu Joint Family system. While Section 8 of HMGA mandates prior permission of the court for alienation of a minor’s separate immovable property, courts have consistently and repeatedly held in catena of judicial pronouncements that the statutory restriction does not extend to a minor’s undivided interest in joint family property. In such cases, the Karta or a competent family manager may affect this alienation without judicial approval, provided it is for legal necessity of the minor or for the benefit of the minor’s estate. Recent judgments of various High Courts viz., the Gujarat High Court, Allahabad High Court, and Bombay High Court reaffirm this doctrinal divergence, endorsing protection through statutory supervision in one sphere and preservation of family autonomy in the other.


Supreme Court decisions, including N.S. Balaji v. Presiding Officer, DRT (2023) and K.S. Shivappa v. Neelamma (2025), elucidate the principles of Section 8 but stop short of expressly engaging with the doctrinal complexities surrounding undivided interests. Classical precedents like Krishnakant Maganbhai (1961) and Narayan Lal v. Sridhar Sutar (1996) continue to shape contemporary jurisprudence by reaffirming the powers of the Karta over minors’ joint family interests.


This paper undertakes a comprehensive jurisprudential study of this dual framework, evaluates its coherence, and argues that while courts have achieved functional harmonization, legislative clarification is essential to resolve the lingering conceptual tension between court-mandated guardianship and family-based management of minors’ property.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page