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Q.

Can You Sell Minor Property Without Court Permission?

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6 months

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0 2025-07-14T09:38:40+00:00

As a lawyer, I frequently get asked if sale of minor property without court permission is possible or not. The simple response is no. According to Indian law, any sale, mortgage, or lease involving property owned by a minor requires prior court approval. This measure is intended to defend the minor's rights and stop any possible abuse or exploitation of their resources. You cannot get around this legal requirement, even if you are a legal guardian. 

The guardian must submit a petition to the relevant court in order to sell the minor's property. The following should be made explicit in this petition:

  1. Information on the property: location, size, description, and current market value.

  2. Reason for sale: An explanation of the need for the sale and how it benefits the minor.

  3. Use of revenues: An explanation of how the sale earnings will be used exclusively for the benefit of the minor.

After carefully weighing all the factors, the court only authorises a sale if it is certain that the minor would profit. Any transaction is illegal and invalid without this approval.

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