The Bombay High Court's Aurangabad bench recently ruled that a natural guardian, being the eldest member of a Hindu joint family, can exercise managerial powers over joint family property on behalf of minors. This ruling reaffirms that such powers can be exercised for legal necessity and for the benefit of minors without requiring court intervention.
Background of the Case
The case involved Pooja Popalghat, a mother who sought to sell a land parcel in Pune to support herself and her three minor children after the demise of her husband. The land, originally in her husband’s name, was jointly mutated in her name and her children’s after his passing. Since Pooja was residing in Pune and working in the private sector, she found it difficult to cultivate the land in Beed and wished to sell it to fund her children's education.
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However, when she applied to the Beed District Court under Section 8 of the Hindu Minority and Guardianship Act, 1956, seeking permission to sell the land, her plea was rejected. The court held that since she had already paid her children’s school fees, there was no outstanding need to sell the land.
High Court's Verdict
Dissatisfied with the lower court’s decision, Pooja filed a First Appeal before Justice Santosh Chapalgaonkar at the Bombay High Court. The court analyzed Sections 6, 8, 9, and 12 of the Hindu Minority and Guardianship Act and ruled in her favor.
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Justice Chapalgaonkar emphasized that restrictions under Section 8 do not apply to the fluctuating interest of minors in undivided joint family property. He stated that a natural guardian, being the eldest member in charge of the property, has the authority to manage the minor's share, provided it is done in their best interest. The court clarified that such transactions are not voidable if they are made for a legal necessity.
the judge noted:
"A natural guardian can act as the manager of the joint family for herself and on behalf of minors. Her powers are not fettered by or governed by the provisions of the Hindu Minority and Guardianship Act, 1956."
With these observations, the judge quashed the District Court's order.
Appearance:
Advocate RJ Nirmal appeared for the Appellant
Advocate VS Badakh represented the State.
Case Title: Pooja Popalghat vs State of Maharashtra (First Appeal 2760 of 2024)
