MP High Court Allows Mother To Sell Child's Share In Property Citing Risk Of Land Mafia, Inability To Regularly Visit Due To Distance
The Madhya Pradesh High Court has allowed a mother to sell her minor daughter's share in the property after noting her difficulties in taking care of the land parcel located 600 km away from her present place of residence.
In doing so the court set aside the setting aside the lower court's order that had earlier denied such permission.
The bench of Justice Himanshu Joshi observed:
"The record of the case reveals that the land is 600 kms away from the present place of residence of the appellants and admeasuring 1620 square feet. The prices of the land, these days, are touching new heights every day. Land Mafia are active in all parts of the country. As stated by the appellant no. 1 in her statement that it is not possible for her to regularly visit the place to take care of the land therefore, looking to the fact and circumstance of the case, in the considered opinion of this court the permission to sale the portion...can be granted with certain restrictions".
The case arose after the Trial Court rejected an application filed under the Hindu Minority and Guardianship Act. The application sought permission to sell the minor daughter's share in a piece of land.
The appellant, a widow, stated that she was the natural guardian of the minor daughter. Her husband, a loco pilot with Indian Railways, passed away in 2022. The disputed land, located in Shahdol district, was purchased by her husband, but the land is 600 kms away from their current residence, making its maintenance difficult and increasing the risk of encroachment.
The trial court had rejected the plea, emphasising that the minor had an equal share in the property and that selling the land may not be in the minor's long-term interest. Aggrieved, the petitioner approached the High Court.
The bench examined the provisions of the Guardians and Wards Act and the Hindu Minority and Guardian Act. The bench noted that after the father's death, the mother became the natural guardian.
Further under Section 8 of the Himdu Minority and Guardian Act, the permission to sell a minor's property can be granted if it's necessary or beneficial for the minor.
Further, the bench noted that the said property was approximately 600 km away from their residence, the increasing risk of illegal encroachment and the inability of the petitioner to monitor the land.
Keeping in view these limitations, the bench permitted the petitioner to sell the minor's portion of the property. The bench observed that the land prices were steadily rising, and unmanaged property could become vulnerable to misuse.
Therefore, the bench directed;
"The present appeal is allowed and the order dated 27/02/2025 is set aside. The appellant no. 1 is permitted to sale the land with a condition that 50 % of the sale proceeds were ordered to be deposited in any nationalized bank in the name of the minor as a fixed deposit which was to be renewed on expiry of the fixed term till minor attains majority".
*Note: This judgment was passed on November 19, 2025, but was uploaded later on the website.
Case Title: Jyotiraj Baladas v State of Madhya Pradesh [MA-4286-2025]
For Petitioner: Advocates Yogesh Singh Baghel and Praveen Mishra
For Respondent: Advocate Nishant Yadav