The Hindu Minority And Guardianship Act, 1956
11. De facto guardian not to deal with minors property.-
After the commencement of this Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor.
COMMENTS
Right of De facto guardian
(i) Alienation done by a de facto guardian is void and the alienee is in the position of a trespasser who has no right in the property. Held that the aunty of the plaintiff had no authority to sell the property and the alienation done was invalid and not binding on the minors, i.e., the plaintiffs; Essakkyal Nadar v. Sreedharan Babu, AIR 1992 Ker 200.
(ii) The provisions of section 11 apply to both the categories of property of a minor, i.e., separate property and the undivided interest of a Hindu minor in the joint family property. If a distinction is made between the categories the object of section 11 of preventing the de facto guardian from dealing with the property of a minor would be frustrated. The de facto guardian would be at liberty to deal with the undivided interest of the minor in the Joint Hindu Family property; Dhanasekaran v. Manoranjthammal, AIR 1992 Mad 214.
(iii) Where there is a sale of minor’s property by the maternal grandfather during the minority by the minor’s mother, it is void. After attaining majority, the mother as natural guardian of the minor cannot ratify the sale as the maternal grandfather’s sale as de facto guardian is void; Kanchi Kamamma v. Appanna, AIR 1973 AP 201: (1973) 2 An WR 74.
The Hindu Minority And Guardianship Act, 1956
