- 1 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE Mrs JUSTICE K S HEMALEKHA MISCL. FIRST APPEAL NO. 204273 OF 2023 (G & WC) BETWEEN: 1. MASTER ADITYA S/O. DASHRATH RATHOD AGED ABOUT 15 YEARS 2. KUMARI DARSHINI D/O. DASHRATH RATHOD AGED ABOUT 12 YEARS SINCE THE PETITIONER NO.1 AND 2 ARE MINORS REPRESENTED BY THEIR NATURAL MOTHER MRS. ARUNA W/O. DASHRATH RATHOD AGED ABOUT 40 YEARS BOTH RESIDING AT NEAR GULBARGA UNIVERSITY, KALNOOR, KALABURAGI-585105. …APPELLANTS (BY SMT. PRAKRITI BORALKAR, ADVOCATE FOR SRI. ABDUL MUQHTADIR, ADVOCATE) AND: NIL Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 …RESPONDENT THIS MFA IS FILED U/S 47 (a) AND (b) OF THE GUARDIANS AND WARDS ACT, PRAYING TO A) CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 16-09-2023 PASSED IN G & WC NO.04/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AT KALABURAGI. B) TO APPOINT MRS.ARUNA W/O DASHARATH RATHOD THE NATURAL MOTHER OF THE PETITIONER AS THEIR NATURAL GUARDIAN AND PERMIT HER TO ALIENATE UNDIVIDED SHARE OF THE PETITIONERS IN SUIT PROPERTY AND TO EXECUTE THE NECESSARY CONVEYANCE DEED IN FAVOUR OF THE PROSPECTIVE PURCHASER/S FOR THE BENEFIT AND WELFARE OF THE PETITIONERS, ETC. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE Mrs JUSTICE K S HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K S HEMALEKHA) The present appeal is preferred by the petitioners through their natural mother in G &WC No.4/2023 against the order dated 16.09.2023 on the file of the Principal Senior Civil Judge and CJM at Kalaburagi [‘Trial Court’ for short], whereby the petition filed under Section 8(5) of the Hindu Minority and Guardianship Act, 1956 read with Sections 29 and 31 of the Guardians and Wards Act, 1890 - 3 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 by the mother as a natural guardian of the minor petitioners came to be dismissed. 2. The parties herein are referred to as per their rank before the Trial Court. 3. Heard the learned counsel appearing for the appellants and perused the material on record. 4. The mother and natural guardian of the minor petitioners filed petition under Section 8(5) of the Hindu Minority and Guardianship Act, 1956 read with Sections 29 and 31 of the Guardians and Wards Act, 1890, seeking permission to sell the schedule property standing in the name of the minor-Aditya for the benefit of the minors. It stated that in a family partition effected through a registered partition deed dated 19.03.2016, the property bearing Sy.No.665 Khata No.132 measuring 5 acres 3 guntas(hereinafter referred to as “petition property”) fell to the share of the minor petitioner No.1 and the mother of the petitioners is a co-owner and joint possessor of the - 4 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 petition property having undivided equal share. It is averred in the petition that the mother, who is the natural guardian of the minor children, is required to take care of their welfare and meet their educational expenses. 5. Paper publication was issued and none of them appeared neither filed objections. 6. The Trial Court dismissed the petition, observing that: i. The petitioner has failed to produce any documents to show the market value of the petition property. ii. No details of the prospective purchaser or expected sale consideration were provided. iii. The petition lacked a clear description of the boundaries and dimension of the petition property. iv. The petitioner did not furnish the estimated expenses for the minor’s education, nor did she - 5 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 explain how the proceeds from proposed sale would be utilized exclusively for the minor’s benefit. 7. Learned counsel for the petitioners submits that the petition property was fallen to the share of the minor petitioner No.1 in a family partition under a deed dated 19.03.2016. The mother of petitioner No.1 is also a co- owner and joint possessor of the petition property and in order to meet the expenses, more particularly, the educational expenses of the children, intends to sell the property of the minors. It is submitted that the observation of the Trial Court that the petitioners have not produced any materials to substantiate their contention about their expenses that would be incurred to sell the property is not justified, as specifically the petitioners have stated that petitioner No.1 intends to pursue higher studies and the expenses are huge and the selling of the property fallen to the share of petitioner No.1 would be only option that was available to the natural guardian i.e., - 6 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 the mother. She contends that the impugned order passed by the Trial Court warrants interference by this Court. 8. In support of her contention, learned counsel has produced the college fee receipt of the appellants/ petitioner Nos.1 and 2 to state that the expenses incurred in the education of the children is huge and the property needs to be sold for the necessity. 9. Having heard the learned counsel appearing for the appellants, the point that arises for our consideration is: Whether the Trial Court was justified in dismissing the petition filed by the natural guardian and whether the same warrants any interference by this Court? 10. Section 8 of the Hindu Minority and Guardianship Act, 1956 reads as under: “8. Powers of natural guardian.— (1) The natural guardian of a Hindu minor has power, subject to the - 7 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant. (2)The natural guardian shall not, without the previous permission of the court,— (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. (3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub- section (2), is voidable at the instance of the minor or any person claiming under him. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub- section (2) except in the case of necessity or for an evident advantage to the minor. (5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining permission of the court under sub-section (2) in all respects as if it were an application for - 8 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 obtaining the permission of the court under section 29 of that Act, and in particular— (a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof; (b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and (c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court. (6) In this section “court” means the city civil court or a district court or a court empowered under section 4A of the Guardian and Wards Act, 1890 (8 of 1890), within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.” (emphasis supplied) 11. Sub-clause (4) of Section 8 envisages that no Court shall grant permission to the natural guardian to do - 9 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 any of the acts mentioned in sub-clause(2) except in case of necessity or for any evident advantage to the minor. 12. Bearing in mind the provisions, upon perusal of the material on record, this Court finds that the petition property fell to the share of the minor-petitioner No.1 under the family partition. While it is urged that petitioner No.1 intends to undergo NEET coaching, the documents on record show that the minor has enrolled in commerce stream. The Trial Court rightly observed that the petition lacked supporting evidence of market value, buyer details and cost of education expenses. Although, college fee receipts are submitted, they do not correlate with the specific claim of NEET coaching to justify the sale of the petition property of the minor. In light of this, the proposed sale of petition property cannot be said in the interest of minor at this stage. 13. At this stage, liberty is sought by the appellant, who is the natural guardian of the minor, to pursue her - 10 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 remedy before the Trial Court by filing an appropriate application. The contention of the appellant that the sale of the petition property is intended to meet the educational and welfare expenses of appellant No.1/petitioner No.1 carries sufficient merit, provided the same is supported by proper and consistent documentation. Therefore, we reserve the liberty to the natural guardian-mother to file fresh application before the Trial Court furnishing detail of the property including its boundaries and description, intended purpose of sale, including educational or welfare related needs of the minor, market value of the petition property and details of any prospective purchaser and proposed sale consideration and if such an application is filed, the Trial Court to consider the same on merits in accordance with law, not being influenced by the dismissal of the present appeal. Accordingly, we find no ground to interfere with the order passed by the Trial Court and point for - 11 - HC-KAR NC: 2025:KHC-K:3244-DB MFA No. 204273 of 2023 consideration is answered accordingly and we pass the following: ORDER i. The appeal is dismissed. ii. It is needless to observe that the natural guardian mother of the appellants/petitioners is at liberty to file necessary application before the Trial Court with proper description and boundaries of the property that she intends to sell and in the interest of the minor, in accordance with law, if so advised. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE SWK List No.: 1 Sl No.: 25 CT:JLR