Calcutta HC prioritizes child’s welfare in property disputes

Kolkata: The Calcutta High Court recently emphasized the need to consider a child's future in property disputes. This statement came during a case involving a widowed mother who sought permission to sell her daughter’s inherited property. The high court's Jalpaiguri circuit bench allowed the mother to sell her daughter's share in a property located in Siliguri. The court ruled that the proceeds must be kept in a fixed deposit account until the daughter becomes an adult. The bench included Justices Harish Tandon and Apurba Sinha. The court found that the mother had no independent income and needed to sell the property for her daughter’s welfare. In its March 13 ruling, the bench noted that previously, permission to sell had been denied. The court had suggested that the mother could sell her own property instead. According to the Hindu Minority and Guardianship Act, a guardian can manage a minor's affairs but must seek court approval to sell their property. The High Court revisited its earlier ruling, acknowledging the financial hardships facing the mother and daughter. The bench also recognized that the child attends a good school, which requires considerable financial support. It stated that the child's interests could be safeguarded by ensuring the funds from the property sale are kept separate. The court urged that decisions in such matters should not be overly rigid but should focus on the child's welfare. It stressed the importance of looking at each case based on specific circumstances. The ruling highlighted the need for courts to prioritize the best interests of children in property disputes.