My cousin is a minor and owns certain immovable properties in Mysore. He would be completing 18 years of age on 12th March 2005. It is learnt that his natural guardian is negotiating to lease out his properties for 15 years. Please advise me whether he can lease the property for 15 years.
- by Suresh, Mysore
Hindu Minority and Guardianship Act, 1956 governs the management of properties of Hindu minors. Section 8 of the act enumerates the powers of natural guardian.
As per Secion8(2)(b), natural guardian cannot lease any part of the property of the minor for more than five years or for a term extending more than one year beyond the date on which minor will attain majority, for which prior permission of Court is required.
In this case the minor has completed 16 years of age so his natural guardian can lease the property only up to 11th March 2006 that is another 2½ years. In case his guardian leases the property for 15 years it is against law and he may initiate action for termination of lease immediately after he attains majority.