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Judgment Search Results Home > Cases Phrase: hindu minority and guardinship act 1956 section 12 guardian not to be appointed for minors undivided interest in joint family property Page 1 of about 75 results (0.136 seconds)

Apr 04 2003 (HC)

Vishwanath Son of Bhika Kolase and Raghunath Son of Bhika Kolase Vs. K ...

Court : Mumbai

Reported in : 2003(4)ALLMR1093; 2004(2)BomCR399

..... courts. he further submitted that under the hindu minority and guardianship act, 1956, section 6 of the said act was not applicable in respect of a minors undivided interest in joint family property. he relied on section 12 of the hindu minority and guardianship act, 1956, in which it was specifically mentioned that in respect of the minor who had an undivided interest in joint family property, appointment of guardian for minors in respect of such undivided interest was not necessary when the property was under the management of an adult member ..... of the family. he submitted that therefore the question .....

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Mar 31 2009 (HC)

NanjappA. Vs. Doddiah and anr.

Court : Karnataka

Reported in : ILR2009KAR2294; 2010(2)KantLJ421; 2010(2)KarLJ421

..... of a manager of a joint hindu family consisting of minor members, the power of the manager is not curtailed by the hindu minority and guardianship act. section 12 of the act specifically provides that where a minor has an undivided interest in joint family property and the property is under the management of the adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest, provided that nothing in the section shall be deemed to affect ..... the de-facto guardian on behalf of minor kum. rangamma, is void ab initio, to the extent of the right and interest of minor kum. rangamma, on account of the bar under section 11 of the hindu minority and guardianship act, 1956?(ii) whether, the defendants/respondents have acquired under the sale deeds, exs.d2 and d3, valid right, title and interest, even in respect of the property of minor kum. rangamma ..... the hindu minority & guardianship act, 1956 were applicable to the joint hindu family property sold or disposed of by the kartha". while answering the said question, it has been held as follows:with regard to the undivided interest of the hindu minor in joint family property, the provisions afore-culled are beads of the same string and need be viewed in a single glimpse, simultaneously in conjunction with each other. each provision, and in particular section .....

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Mar 31 2009 (HC)

Sri. Nanjappa S/O Sri. Gonajja Vs. Sri Doddaiah S/O Sri. Erachikkaiah ...

Court : Karnataka

..... of a manager of a joint hindu family consisting of minor members, the power of the manager is not curtailed by the hindu minority and guardianship act. section 12 of the act specifically provides that where a minor has an undivided interest in joint family property and the property is under the management of the adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest, provided that nothing in the section shall be deemed to affect ..... in a single glimpse, simultaneously in conjunction with each other. each provision, and in particular section ..... 'ble apex court, the question posed and considered was 'whether the provisions of section 8 of the hindu minority & guardianship act, 1956 were applicable to the joint hindu family property sold or disposed of by the kartha'. while answering the said question, it has been held as follows:with regard to the undivided interest of the hindu minor in joint family property, the provisions afore-culled are beads of the same string and need be viewed .....

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Nov 25 1999 (HC)

Smt. Sandhya Rajan Antapurkar and Others Vs. State of Maharashtra

Court : Mumbai

Reported in : 2000(2)ALLMR331; 2000(2)BomCR832; I(2001)DMC135; 2000(2)MhLj58

..... is for legal necessity or for the benefit of the minor and this right is left untouched by the hindu minority and guardianship act, 1956. this is made clear by providing in section 12 of the act that when the joint family property is under the management of an adult member of the family, no guardian shall be appointed for the undivided interest of the minor in the joint family property.12. in view of what has been stated above, no ..... property of the minor. it does not include the minor's undivided share in the joint family property, as, under section 6, there cannot be a natural guardian in respect of such property which is specifically excluded.9. the appellant no. 1 smt. sandhya is not natural guardian with regard to undivided and fluctuating interest of minors-appellant no. 2, and 3. section 12 of the act declares that no guardian can be appointed with regard to the undivided interest of the minor in joint family property ..... . the courts have consistently held that under the guardians and wards act also no legal guardian can be appointed in respect of undivided interest of the minor in joint family property unless minor is the sole surviving coparceners.10 .....

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Sep 01 1959 (HC)

Katam Virupakshiah and ors. Vs. Matam Sivalingaiah and ors.

Court : Andhra Pradesh

Reported in : AIR1960AP540

..... the petitioners are not paupers has no relation to the facts of the case.10. sri n. ramamohana rao sought to support the lower court's finding by invoking the proviso to section 12 of the hindu minority and guardianship act, 1956. he pointed out that although the effect of section 12 is to retain the prohibition against the appointment of any guardian for the petitioner's undivided interest in their joint family property, the proviso ..... saves the inherent jurisdiction of the high court to appoint such a guardian. he urged that p. w. 1 ought to have applied ..... to the high. court and got himself appointed as the guardian of the properties .....

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Jul 01 2008 (HC)

Shripati S/O. Santu Mane Vs. Goroba S/O. Nivarti Ghutukade and Chandra ...

Court : Mumbai

Reported in : AIR2009Bom6; 2008(4)ALLMR882; 2008(4)BomCR515; (2008)110BOMLR2248; 2008(6)MhLj707

..... wards act, 1890. section 5 gives overriding effect to the provisions on the matters dealt with in it and repeals all existing law - customary or statutory on those topics. section 6 deals with natural guardians of a hindu minor in respect of his person as well as minors property. his or her undivided interest in joint family property is, however, specifically excluded from that section. section 12 clearly lays down that guardian is not to be appointed for minors undivided interest in joint family property ..... in it be made. it is argued by the learned advocate that considering the case-law it was an ancestral property as ..... the name of respondent no. 1-goroba, who was minor, the property became the property of minor and therefore permission ought to have been obtained under section 8 of the hindu minority and guardianship act, 1956 (hereinafter referred to as 'the hindu minority act') and in absence of this the sale-deed is null and void and the decree passed by the learned joint district judge is legal and proper and no interference .....

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May 12 2000 (HC)

Smt. Sweta and Another Vs. Dharma Chand and Another

Court : Madhya Pradesh

Reported in : AIR2001MP23; 2001(2)MPHT274

..... hindu minority and guardianship act, 1956 has been enacted by the parliament. section 2 of the said act lays down that the provisions of that act shall be in addition to and not, save as expressly provided, in derogation of the guardian & wards act, 1890. section 12 of the hindu minority & guardianship act, 1956 provides that where a minor has undivided interest in the joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed ..... for the minor in respect of such an undivided interest, though the proviso to the said ..... section gives a power to the high court .....

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Apr 29 2015 (HC)

Mohd Shahnawaz Zaheer Vs. Government of Nct of Delhi

Court : Delhi

..... that section 12 of the hindu minority and guardianship act, 1956: carves out an exception to the rule that should there be no adult member of the joint family in management of the joint family property, in which the minor has an undivided interest, a guardian may be appointed; but ordinarily no guardian shall be appointed for such undivided interest of the minor. the adult member of the family in the management of the joint hindu family property may be a male or a female, not necessarily ..... property of the hindu minor, before he disposes of any immovable property of the minor, must seek permission of the court. but since there need be no natural guardian for the minors undivided interest in the joint family property, as provided under sections 6 and 12 of the act, the previous permission of the court under section 8 for disposing of the undivided interest of the minor in the joint family property is not required. the power of the high court, otherwise to appoint ..... a guardian .....

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Sep 06 1991 (HC)

Dhanasekaran Vs. Manoranjithammal and Others

Court : Chennai

Reported in : AIR1992Mad214; (1992)IIMLJ116

..... is in the management of an adult member of the family. therefore, it is not ..... court in respect of an undivided interest of a minor in a joint family property when such joint family property ..... the distinction that obtained under the general hindu law between the separate property of a minor and his undivided coparcenary interest is kept up also under the provisions of the hindu minority and guardianship act of 1956. section 6 of that act which defines a natural guardian excludes minor's undivided interest in a joint family property from the operation of that section and section 12 imposes a prohibition against the appointment of a guardian by a court other than the high .....

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Sep 07 1987 (HC)

Parnam Balaji and anr. Vs. Bathina Venkatramayya and anr.

Court : Andhra Pradesh

Reported in : AIR1988AP250

..... the act, no person shall be entitled to dispose of, or deal with, the property of hindu minor merely on the ground of his or her being the de facto guardian of the minor, where the minor has an undivided interest in the joint family property. section 12 postulates that in respect of an undivided interest of a minor in joint family where the property is under the management of 'an adult member of the family no guardian shall be appointed for the minor ..... the mother, as guardian entered ..... it is not valid, further questions do not arise. thereby, the need to go into them becomes redundant. the admitted facts are that the plaint b schedule property is the joint family property. the father krishnamurthy had executed a gift deed ex.a-3 dt. feb. 21, 1956 gifting over the b schedule property and other properties in favour of the respondents, and he appointed the mother as guardian thereunder. subsequently .....

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