In a significant ruling on guardianship and property rights, the Allahabad High Court permitted a mother to sell her minor daughter’s share in joint family property, emphasizing that such decisions must serve the child’s welfare and future needs.
Background of the Case
The case arose from an appeal filed by Smt. Doli, a widow and mother of a minor girl, Vanshika. After her husband’s death, she approached the Muzaffar Nagar court seeking two permissions first, to be declared the natural guardian of her daughter, and second, to sell the minor’s 1/4th share in certain joint family properties.
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While the lower court accepted her as the guardian, it refused permission to sell the property. This led to the present appeal before the High Court.
Interestingly, even the child’s grandmother, who was a respondent in the case, had no objection to the mother’s request.
Justice Rohit Ranjan Agarwal closely examined the interplay between two key laws the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956.
The Court noted that under Hindu law, a mother becomes the natural guardian after the father’s death. It also clarified that where a minor has an undivided interest in joint family property, the law does not always require formal court permission for dealing with such property.
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“The provisions of the two Acts must be read together in a harmonious manner,” the bench observed, highlighting that both laws aim to protect the welfare of minors.
The Court further emphasized that Section 12 of the 1956 Act plays a crucial role. It states that when a minor’s share is part of joint family property managed by an adult member, appointing a separate guardian for that interest is unnecessary.
In this case, the mother herself was managing the family property and acting as the natural guardian.
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A key factor that weighed with the Court was the purpose behind the sale. The mother had sought permission to sell the property to fund her daughter’s higher education after Class XII.
The bench noted that such a decision was aligned with the child’s welfare and future prospects.
“The welfare of the minor is the paramount consideration,” the Court observed while examining the facts.
The Court relied on earlier judicial precedents, including rulings from the Supreme Court and other High Courts, which held that restrictions under Section 8 of the 1956 Act do not strictly apply to a minor’s undivided share in joint family property.
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It also clarified that an adult member-whether male or female-can manage such property, and the law recognizes this practical reality.
Setting aside the order of the Muzaffar Nagar court dated July 17, 2025, the High Court allowed the appeal.
The Court granted full permission to the mother to sell the minor daughter’s share in the joint family property for her educational needs.
“The judgment of the court below is unsustainable in the eyes of law and stands set aside,” the bench concluded while allowing the appeal.
Case Details
Case Title: Smt. Doli vs. Smt. Shakuntla Devi
Case Number: First Appeal From Order No. 2057 of 2025
Judge: Justice Rohit Ranjan Agarwal
Decision Date: 23 March 2026
