Permission to sell or mortgage a minor's property (s.8(2) HMGA)
A natural guardian asks the court's permission to sell, mortgage, exchange or long-lease a minor's share in land or a house, showing the need or the benefit and how the minor's money will be kept.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
iPhone and iPad: coming to the App Store · Android: coming to Google Play
Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF District Judge, Amarnagar
Guardianship Application No. ______ of 2026
APPLICATION UNDER SECTION 8(2) OF THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956, READ WITH SECTION 29 OF THE GUARDIANS AND WARDS ACT, 1890, FOR PERMISSION TO DEAL WITH THE IMMOVABLE PROPERTY OF MINORS
Respectfully Showeth:
1.That the applicant is the father and natural guardian of the following minors, who live with the applicant:
| No. | Name of the minor | Date of birth | Share in the property |
|---|---|---|---|
| 1 | Arjun | 14-03-2017 | one-third |
| 2 | Riya | 02-07-2020 | one-third |
2.That the minors hold the shares shown above in the following immovable property, which came to them under the registered gift deed No. 876 dated 10-06-2021 executed by their grandmother Kamla Devi (hereinafter "the property"):
Agricultural land measuring 12 kanal 0 marla, comprised in Khewat No. 45, Khatauni No. 61, Khasra Nos. 18//7 (8-0) and 18//8 (4-0), situated in Village Kalyanpur, Hadbast No. 112, Tehsil and District Amarnagar, as entered in the jamabandi for the year 2022-23.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Birth certificates of the minors (photocopies)
- Proof of the property and of the minors' share: jamabandi or fard, mutation, and the gift deed, will or inheritance papers
- Aadhaar card or another photo identity proof, with proof of the present address (photocopies; the originals to show)
- If the mother applies, the father's death certificate, or papers showing that he lives away or takes no interest in the minors
- The buyer's or lender's written offer and proof of the value (the Collector rate or a valuation report)
- No-objection affidavits of the other close relatives, usually
Where to go
Filed through an advocate in the District Court of the district where the property is. The court may hear the relatives and the minors before it decides.
Fee
Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- Do not sign or register the deal before the court's permission: a sale or mortgage without it can be set aside at the minor's instance (Section 8(3)).
- The court usually fixes conditions, such as the lowest price and a fixed deposit in the minor's name; bring the deposit receipts back to the court.
- Not needed for an undivided share in joint family property managed by the adult head of the family (Section 12).
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee on this petition or application is set by the state's court-fee law; affix the court-fee stamps (or the e-court-fee receipt) and any welfare stamps as the court office directs.