Whether the sale deed executed by the mother in respect of the shares of her minor sons and daughters is a void or voidable transaction ? =Father is the natural guardian and in his absence other legal guardians would be entitled to act. In their absence, property guardian appointed by the competent court would be competent to alienate property of the minor with the permission of the court. When a sale is to be made on behalf of the minor the necessary ingredients are that the sale must be for the benefit of the estate of minor and, therefore, the competent person entitled to alienate the minor's property would be, subject to the above condition, either the natural guardian or the property guardian appointed by the Court. In this Case after the demise of the father no property guardian was appointed. The mother, therefore, is not guardian for the alienation of the property of the minor. The sale made by the mother therefore, is void." In view of the above, the sale deed by mother Musammat Fatima Bibi of the 14/16 share of her minor children was void and not voidable. A void document can be avoided even if the same is not cancelled. As the mother is not appointed by court or by her husband but the minors who attained major has to refund the sale considerationThe mother sold the property and received the sale consideration for the entire property. The said amount must have been spent by her mainly on her minor children. The sale is not binding upon the minor children but they are duty bound to return the amount to the purchaser appellant. 2015 Allahabad(2012)msklawreports

Whether the sale deed executed by the mother in respect of the shares of her minor sons and daughters is a void or voidable transaction ? =Father is the natural guardian and in his absence other legal guardians would be entitled to act. In their absence, property guardian appointed by the competent court would be competent to alienate property of the minor with the permission of the court. When a sale is to be made on behalf of the minor the necessary ingredients are that the sale must be for the benefit of the estate of minor and, therefore, the competent person entitled to alienate the minor's property would be, subject to the above condition, either the natural guardian or the property guardian appointed by the Court. In this Case after the demise of the father no property guardian was appointed. The mother, therefore, is not guardian for the alienation of the property of the minor. The sale made by the mother therefore, is void."   In view of the above, the sale deed by mother Musammat Fatima Bibi of the 14/16 share of her minor children was void and not voidable. A void document can be avoided even if the same is not cancelled. As the mother is not appointed by court or by her husband but the minors who attained major has to refund the sale considerationThe mother sold the property and received the sale consideration for the entire property. The said amount must have been spent by her mainly on her minor children. The sale is not binding upon the minor children but they are duty bound to return the amount to the purchaser appellant. 2015 Allahabad(2012)msklawreports

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Section 8 of the Hindu Minority and Guardianship Act, 1956 - permission of court for selling minor property by natural guardian- In the present case, though it is stated that the property has been sold for the proper benefit of the minors, their protection, education and marriage,there is nothing on record to suggest that previous permission of the Court was obtained by the natural guardian before transfer by sale in question.-2015 S.C.(2013) MSKLAWREPORTS24

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