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Section 31: Practice with respect to permitting transfers under section 29

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 30 All 53 Sections of Guardians and Wards Act Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 prescribes the strict statutory conditions and procedural inquiry under which a court may grant permission to a property guardian to sell, mortgage, charge, or lease the minor's immovable property.

  • Statutory Grounds for Permission: Permission shall not be granted except in case of necessity or for an evident advantage to the ward.
  • Mandatory Order Specifics: The order granting permission must specify the necessity or advantage, describe the property, and state the conditions attached (such as minimum sale price, public auction, or deposit of proceeds).
  • Lease Restrictions: Court permission is mandatory for leases exceeding five years or leases extending more than one year beyond the date on which the minor attains majority.
  • Deposit of Sale Proceeds: Requires the sale proceeds to be invested in government securities or deposited in fixed deposits in the minor's name under court control.
Key Landmark Precedents:
  • Sri Narayan Bal v. Sridhar Sutar (1996) 8 SCC 54: The Supreme Court held that Section 31 applies strictly to the separate property of the minor managed by a guardian; court permission under Section 31 requires objective proof of legal necessity.
  • Kishore Chand v. Dharam Pal (2006) 8 SCC 327: The Supreme Court held that a sale of a minor's land without complying with the conditions specified in the Section 31 permission order is voidable under Section 30 at the instance of the minor upon attaining majority.
Courtroom Practice & Strategic Litigation Guidance:

In applications under Section 31, establish 'evident advantage' with concrete evidence: valuation reports by registered valuers, proof of urgent educational or medical expenses, and an undertaking to deposit the proceeds directly into a court-supervised fixed deposit.

Section 30 All 53 Sections of Guardians and Wards Act Section 32