Legal provisions regarding juvenile property

- People-oriented guidance: H.S. Patel IAS (Retd.)

Laws have been framed to protect the interests of minors in case of death of the holder of land / property and if the children are minors. Thus, as a natural guardian, the mother has to take care of the minor in case of death of the father and in case of death of the mother, the father has to take care of the minor as well as protect the interests. While articles on land / property provide useful guidance to the public through this column, the guardians of the minor have inquired as to what are the legal provisions for protection of the interests of the minor or for the administration of the property held by the minor or in the name of the minor? I would like to give a comprehensive information about it. First of all, there is a provision in the Indian Majority Act-18 that a person attains maturity at the age of 21 years. Parallel to this is Hindu Minority and Guardianship Act-19 and parallel to the definition of natural guardian in section-3 of this Act. Excluding interest, his natural guardian of the property is his parents and under section 4 of this Act, even natural guardian cannot sell, rent, mortgage or transfer any property in the property of minor interest without the permission of the court as the principal of this Act. According to Article 14, Welfare of Minor to be Paramount Consideration is a matter of paramount importance and the other similar law is Guardian and Wards Act - Guardian and Wards Act. The Act provides for the appointment of a guardian to protect the interests of minors and to protect the interests of the property with the approval of the court and to appoint a guardian for administration.

Similarly, section 3 of the Indian Inheritance Act-13 provides for the right to administer property during the juvenile age and accordingly a juvenile is the sole executor or sole sole heir until he becomes an adult. The guardian or other person deemed appropriate by the court may be given a letter of administration attached to the will, and probate may not be granted during the juvenile period before the juvenile is an adult. Inheritance after the death of the property owner in the title deed of our Land Revenue Act mentions the legal heirs in the pedigree and if there is a minor in it, it is mentioned accordingly. But it shows the name of the mother or father of the minor as a natural guardian and when the minor becomes an adult then the supporting evidence is presented i.e. the supporting evidence of 21 years is presented then the note as a minor is deducted. This is a systematic process, but in cases where there is no natural guardian in the property, under the Minority and Guardian Act, a competent court has to be appointed as the guardian of the minor i.e. with the approval of the civil court having local government and transfer the minor's property without prior court approval. That cannot be sold and if a minor buys property which is owned by a person without the permission of the court, it is not in accordance with the rules and such property is not legally clear title. In the case of Sarnaam Kunduman, without the approval of the competent court, the property purchased by the minor has been declared as defective title and such sale has been declared illegal. Thus, the provisions of various laws mentioned above have been made to protect the interest of minors in property as well as to protect their rights.