High Court's Order: Parents cannot sell such property, High Court ruled

The Kalamkar News, Digital Desk- New Delhi: Punjab-Haryana High Court, while hearing a petition, made it clear that unless it is necessary for the welfare of the child, the property cannot be sold in the name of a minor. Even the court cannot issue an order to sell property. However, after considering the circumstances stated by the mother, the High Court gave permission to sell the property.

While filing the petition, the minor's mother told the High Court that her father-in-law had taken a loan of Rs 40 lakh from the bank. During this time he had made his will in the name of his grandson.

He died in June 2016 before repaying the bank loan. During this time the bank started putting pressure on him for repayment of the money. The bank decided to sell the property. 

To save it, the petitioners took money from outside and paid the bank because if the bank had sold the property, it would have been sold at throwaway prices whereas its value is more than Rs. 60 lakhs.

Now they have no other way to repay the money borrowed from outside except selling the property. It was informed by the bank that the loan taken against the property has been repaid.

After hearing all the parties, the High Court while giving its decision said that even the parents of the child do not have the right to sell the property of the minor without the permission of the court. It is also the duty of the court to give permission to sell the property of a minor only if it is used for the welfare of the child. 

In this case, if the petitioner did not repay the bank loan, the property was sure to be sold at throwaway price. The petitioner has saved the property from being sold by taking money from outside, hence it is appropriate to allow him to sell the property because it is in the interest of the minor also.