Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Sunday, 13 September 2026 9888666310 | [email protected]
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Supreme Court of India 2026-06-03 allowed

Shephali Chakraborty vs State of West Bengal

Bench: 2 — Sanjay Karol, Nongmeikapam Kotiswar Singh

In Brief

A minor inherited an undivided share of ancestral land following his father's death. When adult co-owners proposed a development agreement with a builder, the mother (natural guardian) sought court permission under the Hindu Minority and Guardianship Act, 1956 to exchange the land share for a residential flat and ₹10 lakh. Lower courts rejected her application for lack of proven financial desperation. The Supreme Court allowed the appeal, holding that Section 8 requires proof of "evident advantage"—not absolute destitution. Converting illiquid land into a constructed flat plus liquid funds clearly benefits the minor's future. The Court permitted the arrangement subject to safeguards: the cash must be deposited in a bank until majority and further changes require court approval.

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Hindu Minority and Guardianship Act Minor's Property Guardianship Property Transfer Immovable Property Statutory Interpretation Parens Patriae Minor Welfare Family Law Real Estate Development

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