Can a Guardian Sell a Minor’s Inherited Share in Vehicles or Movable Property?
In Pakistan, when a minor inherits a share in vehicles or other movable property, a common legal question arises: Can the guardian sell it? The answer lies in the Guardian and Wards Act, 1890, which sets out the legal framework for guardianship and the sale of a minor’s property.
Legal Provisions Under Guardian and Wards Act, 1890
1. Section 29 – Restriction on Transfer of Minor’s Property
Section 29 of the Guardian and Wards Act, 1890 states that a guardian cannot sell, transfer, gift, or exchange a minor’s property (movable or immovable) without prior permission from the court. This means that even if the guardian believes selling the minor’s inherited vehicle or other movable property is necessary, they must obtain the court’s approval first.
2. Section 30 – Grounds for Selling a Minor’s Property
The law allows the court to grant permission to sell a minor’s property only if it is in the best interest of the minor. The following conditions justify the sale of movable property:
The property is perishable or may lose value over time.
The maintenance cost is high and not sustainable.
The sale proceeds can be reinvested in a more stable or beneficial asset for the minor.
Procedure to Sell a Minor’s Inherited Share in Vehicles
If a guardian wants to sell a minor’s inherited vehicle or any movable property, they must follow these steps:
File an application in the Guardian Court requesting permission to sell the minor’s property.
Provide valid reasons justifying why the sale is in the minor’s best interest.
Submit supporting documents, such as inheritance records, vehicle ownership documents, and financial statements showing maintenance costs.
Await court approval – The court may ask for additional proof before granting permission.
Follow the court’s directives, such as depositing the sale proceeds in a fixed account or reinvesting in a suitable asset.
Case Laws Supporting Sale of Minor’s Movable Property
Several court rulings have permitted the sale of minor-owned movable assets under justified circumstances. Courts generally allow such sales if:
The property is depreciating in value.
The sale can help provide for the minor’s education, health, or other essential needs.
The guardian ensures the proceeds are used for the minor’s welfare.
Conclusion
A guardian cannot sell a minor’s inherited share in vehicles or movable property without obtaining court approval under the Guardian and Wards Act, 1890. The sale must be in the minor’s best interest, and the guardian must ensure that the proceeds are securely reinvested. If you are dealing with such a situation, consult a legal expert to guide you through the process.
For more legal insights, stay connected!