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Issues:
- Applicability of Section 8 of the Hindu Minority And Guardianship Act, 1956 to Joint Hindu Family property sold by the Karta. Analysis: The judgment addresses the question of whether the provisions of Section 8 of the Hindu Minority And Guardianship Act, 1956 apply to the sale or disposal of Joint Hindu Family property by the Karta. The case involves a Joint Hindu Family comprising two brothers, their wives, and minor sons. The Karta, acting on behalf of the family, executed a sale deed for certain joint family lands. The plaintiffs challenged the sale, alleging fraud and misrepresentation, but the lower courts upheld the validity of the sale for legal necessity. The High Court dismissed the appeal, leading to the current Supreme Court appeal. The Supreme Court delves into the relevant sections of the Act, emphasizing that Section 8 grants natural guardians of Hindu minors the power to act for the minor's benefit but restricts certain property transactions without court permission. However, the Court clarifies that Section 8 does not apply to the undivided interest of a minor in Joint Hindu Family property, as Sections 6 and 12 of the Act provide specific provisions for such scenarios. The Court highlights that a natural guardian need not seek court permission to dispose of a minor's undivided interest in joint family property. The judgment further explains that the Karta's role in selling the joint family property, with the support of adult members including widows as guardians, does not automatically indicate divided interests of the minors. Therefore, Section 8 cannot be invoked to challenge the sale in this context. The Court concludes that the appeal is dismissed due to the lack of applicability of Section 8 in the sale of Joint Hindu Family property by the Karta. The decision is made without costs to either party.
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