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Saroj vs Sunder Singh & Ors on 25 November, 2013

23. Of course as held by the the Apex Court in Saroj v. Sunder Singh [(2013) 15 SCC 727], Section 8 of the HMG Act, deals with the powers of natural guardian of a Hindu minor. Where the father dies leaving behind only minor daughters and their mother as natural guardian, the share of the daughters becomes definite; the question of family partition retaining the character of joint Hindu family property does not exist. The mother sold the property without previous permission of the Court. It was held that, both the sale deeds executed by the second respondent in favour of the first respondent shall become voidable at the instance of the minors. In Gopalakrishnan RFA No.151/08 & conn.cases -:26:- (supra), a learned Judge of this Court held that alienation of minor's property by mother, when the natural gaurdian is alive and not incapacitated is in contravention of Section 11 of the HMG Act, and will have to be treated as void.
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