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Application for Permission to Sell a Minor's Share

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Also called

  • Section 8 application
  • Guardian's petition for permission to sell a minor's property
  • Court permission to sell minor's share
  • Guardianship Miscellaneous Application
  • Petition under HMGA 1956 read with Guardians and Wards Act
  • Minor property sale sanction petition
  • Nabaaligh ki jaidad bechne ki adalati ijazat
  • Sagheer ki milkiyat ki farokht ki ijazat

When you need it

A natural guardian can't sell a Hindu minor's property without prior court permission (s.8(2), Hindu Minority and Guardianship Act, 1956) — voidable if unpermitted (s.8(3)). This petition obtains it: minor, guardian, property, share, price, valuation, use of proceeds — granted only for necessity or advantage (s.8(4)).

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Not for: a non-Hindu minor (s.29, GWA 1890); a non-natural guardian; joint-family property a coparcener manages; a mortgage/lease; or an executed sale deed.

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See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

No ad valorem duty on the application — a fixed court fee, plus stamp on the vakalatnama/affidavit (~Rs.10-100). Later, the sale deed draws roughly 4-8% conveyance duty on the higher of consideration or circle value, plus registration fee. No kinship concession applies to a sale.

Registration

Neither the application nor the order is registrable (s.17). The sale deed IS (s.17(1)(b)), before the Sub-Registrar of the sub-district, within four months (s.23) — recite the court's order, produce a certified copy; most also want proof of the court-directed deposit. Unregistered conveys nothing (s.49).

Notarisation

Verified by the applicant, not notarised. The affidavit is sworn before the court's Oath Commissioner or a Notary. Annexures: advocate-certified copies, valuation report in original. Cures nothing — a registered sale deed is still no substitute for s.8 permission.

Witnesses

No attesting witnesses on the petition. Not statutorily required at the sale-deed stage either (unlike gifts/mortgages, ss.123/59, TP Act), but every sub-registrar wants two identifying witnesses with photo ID in practice. S.31(4), Guardians and Wards Act, 1890 lets the court summon the minor's relatives.

Request Stamp Paper

Sample preview — placeholder answers, not your data

IN THE COURT OF THE District Judge AT Jaipur

Guardianship (Miscellaneous) Application No. ____________ of 20______

APPLICATION UNDER SECTION 8(2) OF THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956, READ WITH SECTION 8(5) THEREOF AND SECTIONS 29 AND 31 OF THE GUARDIANS AND WARDS ACT, 1890, FOR PERMISSION TO SELL THE SHARE OF A MINOR IN IMMOVABLE PROPERTY

IN THE MATTER OF: Aarav Sharma, a minor;

AND IN THE MATTER OF: the immovable property described in the Schedule below.

Sunita Devi Sharma, aged about 41 years, school teacher, residing at X, the natural guardian of the said minor

... APPLICANT

The applicant above named most respectfully submits as follows.

  1. 1. This application concerns Aarav Sharma ("the minor"), who was born on 1 April 2026, is aged about 11 years, and resides at X. The minor is a Hindu, and the Hindu Minority and Guardianship Act, 1956 applies to the minor and to the applicant.
  1. 2. The applicant is the father of the minor and is the natural guardian of the minor and of the minor's property under Section 6(a) of the Hindu Minority and Guardianship Act, 1956.
  1. 3. The property described in the Schedule below is situate within the local limits of the jurisdiction of this Hon'ble Court, and the minor also ordinarily resides within those limits.
  1. 4. The minor is entitled to one-fourth (1/4th) undivided share in the immovable property more particularly described in the Schedule below ("the said property"). The said share is the minor's own property, held for the minor by the applicant as natural guardian, and is not an undivided interest in joint family property under the management of an adult member of the family.
  1. 5. The minor became entitled to the said share by intestate succession on the death of the minor's father. The particulars of that devolution are as follows: Shri Ramesh Chand Sharma, father of the minor, died intestate at Jaipur on 14 March 2021, leaving him surviving his widow (the applicant), the minor, one adult daughter, and his mother Smt. Kamla Devi, each of the four taking a one-fourth share under Section 8 of the Hindu Succession Act, 1956 read with the Schedule.
  1. 6. The other persons interested in the said property, and their respective shares, are as follows: 1. Smt. Sunita Devi Sharma, the applicant, one-fourth share. 2. Kum. Ananya Sharma, aged 21 years, daughter, one-fourth share. 3. Smt. Kamla Devi, aged 74 years, mother of the deceased, one-fourth share, all residing at ...
  1. 7. Previous or pending proceedings relating to the minor or to the property of the minor: None.
  1. 8. The applicant proposes to sell the minor's said share in the said property. The consideration proposed for the said property as a whole is ₹25,000 (Rupees Twenty Five Thousand only), of which the share of the consideration attributable to the minor's said share is ₹25,000 (Rupees Twenty Five Thousand only).

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Application for Permission to Sell a Minor's Share | Kagaznama