Checklist for District judges of necessary pre- requisite for passing order of sale of immovable property of minor as per provisions of Guardian and wards Act

The district judge must follow a structured procedure and exercise due diligence when considering a petition for the sale of a minor's property under Indian law. This ensures the minor's interests are protected, as mandated by the Hindu Minority and Guardianship Act (HMGA), 1956, and the Guardians and Wards Act (GWA), 1890. Below is the detailed process and precautions:

1. The guardian must file a petition under Section 8(2) of HMGA and Section 29 of GWA, including:

   • Detailed description and valuation of the property.

   • Reasons for the sale (e.g., necessity, financial hardship, or evident advantage to the minor).

   • Plan for utilizing sale proceeds (e.g., education, healthcare, or reinvestment).

2. • Verify the guardian’s authority and relationship to the minor.

   • Assess whether the sale is necessary or offers clear benefit to the minor.

3. • Issue public notices under Order XXXII Rule 7 of CPC to invite objections and ensure competitive bidding.

   • Notify close relatives and stakeholders to prevent conflicts of interest.

4. • Appoint a court commissioner or independent valuer to determine the property’s market value.

   • Ensure the sale price aligns with the valuation report.

5. • Grant permission only if the sale is demonstrably in the minor’s interest.

   • Attach conditions for safeguarding proceeds (e.g., depositing in a secured account or fixed deposit).

• : Ensure the guardian is not personally benefiting from the sale.

• : Direct proceeds to be used strictly for the minor’s welfare, with oversight mechanisms.

• : Inform parties that non-compliance with court orders renders the sale voidable by the minor after attaining majority.

• : Note that the minor can challenge unauthorized sales within 3 years of attaining majority under Article 60 of the Limitation Act.

In the matter of:

Versus

1. : The petitioner, as natural guardian of minor C.D., seeks permission to sell property [details] for [reason].

2. :

   • The sale is necessitated by [specific reasons, e.g., educational expenses].

   • Independent valuation confirms the property’s market value as ₹[X].

   • No objections received after public notice.

3. :

   • Sale permitted at a minimum price of ₹[X].

   • Proceeds to be deposited in a secured minor’s account until majority.

   • Guardian to submit sale deed and utilization report within 30 days.

4. :

   • Permission granted under Section 8(2) HMGA and Section 29 GWA.

   • Sale voidable if contravening terms, per Saroj v. Sunder Singh (Supreme Court).

: [Date]

This framework balances statutory mandates with judicial safeguards, ensuring the minor’s property rights remain protected.

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