It is well settled that under Hindu Law the father has special powers of alienation of joint family property including the son's share either for legal necessity or for the benefit of the estate. He can also sell joint family property including the son's share for the discharge of antecedent debts, which are not Avyavaharika i.e., which are not tainted by illegality or immorality. Sub-section (3) of Section 8 of the Hindu Minority & Guardianship Act further provides that any disposal of the immovable property by the 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. It must be remembered that the Section applies only to minor's separate property, but it does not apply to his interest in joint family property. -2015 A.P.(1998) MSK LAW REPORTS

It is well settled that under Hindu Law the father has special powers of alienation of joint family property including the son's share either for legal necessity or for the benefit of the estate. He can also sell joint family property including the son's share for the discharge of antecedent debts, which are not Avyavaharika i.e., which are not tainted by illegality or immorality. 
Sub-section (3) of Section 8 of the Hindu Minority & Guardianship Act further provides that any disposal of the immovable property by the 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. It must be remembered that the Section applies only to minor's separate property, but it does not apply to his interest in joint family property. -2015 A.P.(1998) MSK LAW REPORTS

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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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APEX COURT DIGEST 2016 - 1

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