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Judgment Search Results Home > Cases Phrase: hindu minority and guardinship act 1956 section 8 powers of natural guardian Page 1 of about 438 results (0.147 seconds)

Feb 15 1974 (HC)

Parasappa Nagappa Walikar Vs. Chandrawwa and ors.

Court : Karnataka

Reported in : AIR1975Kant87; ILR1974KAR671; 1974(2)KarLJ82

..... provisions of section 8(2) of the hindu minority and guardianship act 1956, and is therefore not binding on them. it is also alleged that the said lease deed is detrimental to the interests of the minor plaintiffs and therefore not binding on their half share in the suit property. defendant 1 pleaded that in pursuance of the lease deed executed by the natural guardian of the ..... legislature under item 18 of the state list of schedule vii of the constitution of india, and the hindu minority and guardianship act, 1956 having been enacted by parliament under the powers conferred on it under item 5 of the concurrent list, the state act should prevail over the central act as provided in clause (2) of article 254 of the constitution, since the state ..... property referred to in section 6 of the central act. hence, the restriction on the powers of a natural guardian under section 8 of the central act does apply. since the period of lease exceeds five years, the sub-lease created under exhibit d-1 was one beyond the powers of the natural guardian, namely, the third plaintiff, as far as the shares of the minor plaintiffs are concerned.5. ..... it is therefore, necessary to consider whether there is repugnancy between section 8(2)(b) of the central act and section 21 (2) (a) of the state act. the three principles which have to be applied .....

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Oct 24 1996 (SC)

Divya Dip Singh and Others Vs. Ram Bachan Mishra and Others

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)37; AIR1997SC1465; JT1996(9)SC576; 1996(7)SCALE813; (1997)1SCC504; [1996]Supp7SCR705

..... inter alia bars the natural guardian from encumbering ..... guardians and wards act, 1890, which will have no application to the facts of the present case. as a matter of fact, section 8(3) of the hindu minority and guardianship act, 1956 expressly provides that-any disposal of immovable property by a natural guardian in contravention of sub-section (1) or sub-section (2) of section 8 is voidable at the instance of minor or any person claiming under him. sub-section (2) of section 8 ..... or selling the immovable property without the previous sanction of the court. under the circumstances and in view of the admitted position that the minors ..... that the principles laid down by various high courts and the supreme court in cases arising under guardians and wards act, 1980 and hindu minority and guardianship act, 1956 may not be apposite to the guardians/next friend appointed under order xxxii of the cpc. the court also found on facts that the .....

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Dec 10 1998 (HC)

V.V.V. Ramaraju and Another Vs. Korada Malleswara Rao and Others

Court : Andhra Pradesh

Reported in : 1999(2)ALD85; 1999(1)ALT828

..... is bad for want of permission of the court as per section 8 of the hindu minority and guardianship act, 1956. the said section deals with the powers of the natural guardian in respect of the minor's property. subsection (2) of section 8 of the said act provides that the natural guardian shall not without previous permission of the court, mortgage, charge ..... or transfer by sale, gift or otherwise any part of the immovable property of the minor. sub-section (3) of section 8 of the act ..... further provides that any disposal of the immovable property by the natural guardian ..... apply to his interest in joint family property. this is made clear by section 6 of the act, which provides that the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in the joint family property .....

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Nov 25 1982 (HC)

Surta Singh Vs. Pritam Singh

Court : Punjab and Haryana

Reported in : AIR1983P& H114

..... manner permitted by the order hindu minority and guardianship act, 1956 s. 8(1) power of natural guardian : (1) the natural guardian of a hindu minor has power, subject to the 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. s ..... . 29, limitation of powers or guardian of property ..... on the powers of the natural guardian of a hindu minor have been re-cast more or less on the lines of similar restrictions in the guardians and wards act, 1890.'it is manifest from the above that the declared intent and object of the enactment of section 8 of the 1956 act was to equate the legal position of the natural guardian of a hindu minor with that of a guardian under the 1890 act.8. however .....

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Aug 12 1998 (HC)

Sirikonda Veera Sameera Kumar Dev Vs. Ogiralal Gouri Shankar and Other ...

Court : Andhra Pradesh

Reported in : 1998(5)ALD479; 1998(5)ALT625

..... away the independent power of alienation originally possessed by the natural guardian under the hindu law and forbids mortgage ..... . at that time, the limitations enacted in section 29 of the guardians and wards act, 1890, were applicable to a guardian appointed or declared by the court and not to a natural guardian. but there has been a material change in the law in this regard introduced by the hindu minority and guardianship act, 1956. section 8 of the said act has rendered the powers of the natural guardian substantially the same and subject to the ..... same limitations as are imposed on the powers of a guardian declared or appointed by a court under the guardians and wards act. subsection (2) has taken .....

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Oct 11 2007 (HC)

Mallikarjuna S/O. Mareppa Vs. Mareppa S/O. Hanamantha Madar,

Court : Karnataka

Reported in : ILR2007KAR5357; 2008(2)KarLJ227; 2008(1)KCCR546; 2008(1)AIRKarR216; AIR2008NOC480; 2008(2)CivilLJ818; 2008(1)ICC803; 2008AIHC1250(Kar); 2008(1)KCCR546

..... dispute as to the fact that the suit property was sold when the appellant was still a minor, therefore the need for the requirement of section 8 of the 1956 act being fulfilled will arise. the relevant provision of section 8 reads as under:section 8: powers of natural guardian:1) ...2) the natural guardian shall not, without the previous permission of the court,-(a) mortgage or charge, or transfer ..... owner of the suit schedule property, the first defendant being his natural father, could not have sold the same to the second defendant under the sale deed date 9.2.1982 without obtaining necessary permission from the civil court as required under section-8 of the hindu minority and guardianship act, 1956 ['1956 act' in short]. secondly, it was also contended that as the ..... by this court, the first point that requires to be answered is 'whether the lower appellate court erred in over looking the legal requirement of section 8 of the hindu minority and guardianship act, 1956?'10. there is no dispute with regard to first defendant-father of the appellant having purchased the suit property in the name of the appellant under ..... is concerned, as the very first defendant himself could not have sold the suit property in favour of the second defendant by ignoring mandatory provisions of section 8 of the hindu minority and guardian ship act, 1956, the subsequent sale therefore, cannot be held to be valid in law and consequently, the sale effected to favour of third defendant during the pendency .....

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Feb 03 1982 (HC)

Biswanath Charit Vs. Damodar Patra and ors.

Court : Kolkata

Reported in : AIR1982Cal199,86CWN423

..... away the independent power of alienation originally possessed by the natural guardian under the hindu law and forbids mortgage ..... . at that time, the limitations enacted in section 29 of the guardians and wards act, 1890, were applicable to a guardian appointed or declared by the court and not to a natural guardian. but there has been a material change in the law in this regard introduced by the hindu minority and guardianship act, 1956. section 8 of the said act has rendered the powers of the natural guardian substantially the same and subject to the ..... same limitations as are imposed on the powers of a guardian declared or appointed by a court under the guardians and wards act. sub-section (2) has taken .....

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May 27 2019 (HC)

Ritu Garg & Anr. Vs.state & Ors.

Court : Delhi

..... has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the ..... of a hindu minor ..... guardians and wards act, 1890.6. on request of the counsel for the plaintiffs, the hearing was adjourned to 22nd may, 2019. on 22nd may, 2019 again, on request of the counsel for the plaintiffs the hearing was adjourned to 27th may, 2019. the counsel for the plaintiffs has been heard.7. section 8 titled powers of natural guardian? of hindu minority and guardianship act, 1956 is as under:-"(1) the natural guardian .....

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Oct 22 2008 (HC)

Smt. Dropadabai W/O Babu Aade Vs. the State of Maharashtra

Court : Mumbai

Reported in : 2008(6)ALLMR559; 2009(2)BomCR490; (2008)110BOMLR3600

..... section 8 of the said act reads thus: 8. powers of natural guardian.- (1) the natural guardian of a hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minors estate; but the guardian can in no case bind the minor by a personal covenant.(2) the natural guardian ..... . the background facts of the case are as under: the petition was filed by the appellant herein under section 8 of the hindu minority and guardianship act, 1956 (hereinafter referred to as the said act) to sell the immovable property belonging to the minor sons of the petitioner. the petitioner is mother of krishna babu aade and ratansingh babu aade.3. as ..... as consenting party to the said partition deed on behalf of mangal babu aade who is minor daughter of the present petitioner. it is nowhere the say of the present petitioner that she sought permission under section 8 of the hindu minority and guardianship act, 1956 before signing as consenting party, because such permission is mandatory.18. it is an ..... advocate for the appellant, formulated points for his determination as under: 1) whether the petitioner is entitled to the permission to sell the property of minors under section 8 of the hindu minority and guardianship act, 1956?findings: in the negative. 9. the learned district judge rejected the petition. being aggrieved by the judgment and order dated 3.5.2008 passed .....

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Feb 01 1996 (HC)

Vineet Kumar Gupta Vs. Pradip Kumar Gupta

Court : Delhi

Reported in : 1996IAD(Delhi)891; 61(1996)DLT734; 1996(36)DRJ685

..... of the part of the property. (13) section 8 of hindu minority and guardianship act, 1956 provides that 'powers of natural guardian are restricted inasmuch as the natural guardian of a hindu minor has power, subject to the provisions of section 8 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 ..... 'the natural guardian ..... minor by a personal covenant'. sub-section (2) provides that .....

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