The High Court said – Parents can not sell minor’s property, under these circumstances will get permission
The Punjab-Haryana High Court, while hearing a petition, made it clear that unless a child is in need of good, then the court can not issue a court order to sell the name of the minor. However, after considering the circumstances described by the mother, the High Court allowed to sell the property.
Filing the petition, the minor’s mother told the high court that her father-in-law had taken a loan of Rs 40 lakh from the bank. During this time, he gave his will to his grandchildren. He died before he could repay the loan in June 2016. During this time, the bank continued to pressurize for repaying the money. The bank decided to sell the property.
In order to save this, the petitioners paid money from the outside bank because if the bank sells the property then it sells at a price of two and a half, while its price is more than 60 lakhs. Now to pay the money taken from outside, they have no other way than selling a property. It was told from the bank that the loan taken in lieu of the property has been paid.
After hearing all the parties, the High Court, while giving its verdict, said that the child’s parents also have no right to sell the minor property without the permission of the court. It is also the duty of the court to allow the sale of a minor’s property only when its use is for the benefit of the child.