My cousin is a minor and owns certain immovable properties in Mysore. He would be completing 18 years of age on 12th July, 2009. 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, govern the management of the properties of Hindu minors. Section 8 of the said Act enumerates the powers of natural guardian.
As per 2(b) of the said section, 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 is completing 18 years of age, as on 12-7-2009, as such his natural guardian can lease the property only up to 11th July 2010, that is another one year, any lease beyond this period is against law. The minor may initiate action for termination of lease immediately after he attain majority.