# A child's land needs the court's yes. > When a father dies, families often sell the children's share to settle things. Without the Guardian Judge's permission, the courts have called such sales void, and the buyer loses. - Topic: Property and inheritance - For: Citizens - A 11-slide carousel: https://failegal.site/media/a-childs-land-needs-the-courts-yes-child-land - Published by FAI Legal on 2026-10-10 ## Myth or fact? What widows are told. - **Myth: I am their mother, so I can sell my children's share.** - **Fact: A mother may look after a minor's property, but she has no power to transfer it (Sindh High Court, 2015).** ## Without the court? Void. The Supreme Court, 1975. - **De facto guardian** Someone who simply takes charge of a minor and his property. - **The rule** He has no power to transfer any right in the minor's immovable property. Such a transfer is not merely voidable but void (PLD 1975 SC 311). ## The rule in the Act. Section 29, Guardians and Wards Act. > "he shall not, without the previous permission of the Court, (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immoveable property of his ward" (Guardians and Wards Act, 1890 · Section 29) ## Quick quiz. The buyer knew. Guess first, then swipe for the answer. - **A. The sale stands** - **B. The agreement is void** - **C. Valid if the price was fair** ## Answer: B. Void. A real case from the Sindh High Court. - **The finding** The agreement of sale was void and could not be enforced. - **The children** Entitled to their shares as legal heirs (Sindh High Court, 2015, relying on the Supreme Court). ## How to sell the right way. Section 31 sets the test. - **Apply** To the Guardian Judge for permission. - **The test** Only for necessity or evident advantage to the child (s.31(1)). - **Conditions** Court may order an auction, or the money paid into court (s.31(3)). ## When the child grows up. The clock starts at majority. - **Court-appointed guardian** A sale without permission is voidable by anyone affected (s.30). - **Three years** A ward can sue to set aside a guardian's transfer within three years of majority (Limitation Act, Art. 44). - **A minor's own sale** A "sale" by a 14-year-old was void; the mutation fell too (2024 SCMR 150). ## Myth or fact? The buyer's mistake. - **Myth: The patwari entered the mutation, so I am safe.** - **Fact: A mutation does not cure a void transfer. In 2024 SCMR 150 the Supreme Court upheld it being declared void.** ## Buying from a family? Ask FAI in your own words. It answers with the exact law and the judgments behind it. - **My husband died and I need to sell our children's share of land. What is the process?** - **Application for permission to sell minor's property under section 29 Guardians and Wards Act.** ## What this does not mean - Being the mother does not give power to sell the property of a minor. She may look after it but cannot transfer it (Sindh High Court, 2015). - The court does not give permission as a formality. Under s.31(1) it is given only for necessity or evident advantage to the child. - A mutation entered by the patwari does not cure a void transfer (2024 SCMR 150). ## Questions people ask ### Can a mother sell the share of her minor children in property in Pakistan? Not on her own. A mother may look after the property of a minor but has no power to transfer it (Sindh High Court, 2015). A de facto guardian who transfers land of a minor makes a void transfer (PLD 1975 SC 311). ### How do I get permission to sell property of a minor? Apply to the Guardian Judge. Section 29 bars a guardian from selling, gifting, mortgaging or exchanging immoveable property of the ward without the previous permission of the court, and s.31(1) allows it only for necessity or evident advantage to the child. ### What happens if land of a minor is sold without court permission? A sale by a de facto guardian is void (PLD 1975 SC 311). A sale by a court appointed guardian without permission is voidable by anyone affected (s.30). ### Can a child challenge the sale after becoming an adult? Yes. A ward can sue to set aside a transfer by the guardian within three years of reaching majority (Limitation Act, Art. 44). ### What conditions can the court put on the sale? The court may order an auction, or the money to be paid into court (s.31(3)). ## Sources - Guardians and Wards Act, 1890 · Section 29: Limitation of powers of guardian of property --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.