Summary:
The High Court has ruled that a mother cannot alienate/sell property of a minor, when the father of the minor is alive she is a de facto guardian and cannot sell the minor's property. She as a de facto guardian has no right to alienate the property of her minor son." Justice A M Dhavale, while deciding a petition filed by a 12-year-old child, said, "If the property inherited by son from his father is not ancestral, the mother has no right to sell it. The son has challenged the sale of his property in the year 1989, by his mother Kushavartabai Paul, claiming that the sale was void and illegal. The court after going through the evidence said, "The sale effected by mother is void.".