Selling a minor’s property with court permission
A guardian appointed by the court cannot sell, mortgage, gift or exchange a child's land or house, or lease it for long periods, without the Guardian Court's prior permission (section 29 of the Guardians and Wards Act, 1890). A sale without it can be undone later by the child (section 30). The court gives permission only if the sale is necessary or clearly to the child's advantage, at a fair price, and usually orders the child's share of the money to be kept safe in the child's name.
Legally reviewed by Fahmida Naz Sheikh, Advocate High CourtLast reviewed
- Law
- Guardians and Wards Act, 1890, ss.29 to 31
- Needs permission
- Sale, mortgage, gift, exchange, long lease
- Without permission
- Voidable by the child (s.30)
- Test
- Necessity or clear advantage to the child
When you need the court's permission
Section 29 applies to a guardian of property appointed or declared by the court. Without the court’s previous permission, that guardian may not:
- mortgage or charge the child’s immovable property;
- transfer it by sale, gift, exchange or otherwise; or
- lease it for more than five years, or for a term running more than a year beyond the date the child comes of age.
The common case is a family selling an inherited house or plot in which one or more children have a share. The adult heirs can sell their own shares, but not the children’s. A buyer’s lawyer will usually insist on the court’s permission before paying.
If no one has been appointed guardian yet, apply for that first or in the same petition: see guardianship certificate. A parent acting without any appointment generally has no power to sell a child’s land at all.
What happens if you sell without it
A sale made in breach of section 29 is voidable at the instance of the child or anyone else affected (section 30). In practice the child can challenge it after coming of age, and the buyer may lose the property. That risk is why careful buyers, banks and registrars ask for the permission order.
Settling the dispute by compromise does not avoid this. In July 2026 the Federal Constitutional Court held that a court cannot accept a compromise affecting a minor’s property unless it records that the compromise is lawful and in the minor’s best interests (CPC Order XXXII rule 7), with the Guardian Court’s prior approval where the law requires it.
What the court looks for
- A good reason: the sale is necessary (for the child’s maintenance, education or health, or to pay a debt on the property) or clearly to the child’s advantage (a better investment, ending a co-owned property that cannot be divided).
- A fair price: a valuation, and a buyer offering at least that. The court may order an auction or ask for better offers.
- The child’s share protected: how the money will be kept and used.
- No conflict of interest: a guardian buying the property themselves, or selling to a relative at a low price, will be scrutinised closely.
Applying for permission
- Petition the Guardian Court that appointed the guardian (or apply for appointment and permission together), describing the property exactly and the act you want permission for (section 31).
- Explain the reason and attach the evidence: title documents, the inheritance mutation or succession papers, the family’s agreement.
- Attach a valuation and the buyer’s offer, if you have one.
- Propose what happens to the child’s share: a bank deposit or savings certificates in the child’s name.
- Hearing and order. The order names the property, the price or terms, and the conditions. Complete the sale only on those terms.
The child's share of the price
Courts usually direct that the minor’s share be deposited in the child’s name, in a bank or in National Savings certificates, and that nothing be withdrawn without the court’s order until the child comes of age. Keep the deposit receipts; the court may ask for proof that its order was followed. Money for the child’s school or medical needs can be released on a further application.
Documents for a permission application
Bring copies; keep the originals safe.
Relevant Pakistani judgments
A QR-verifiable CFMS copy did not satisfy the certified-copy rule in a guardian appeal
Sadam Hussain v. Mst. Shahneela and others
Issue: Does a digital copy of a Family Court order downloaded from the court's Case Flow Management System (CFMS), verifiable by QR code,…
Held: No. Rule 22(3) of the Family Court Rules 1965 expressly requires a certified copy, and a CFMS copy does not meet it even though it can be authenticated by QR code. But because the appellate court did not object at…
Art. 199, Constitution of Pakistan 1973r.22(1), Family Courts Rules 1965r.22(3), Family Courts Rules 1965s.25, Guardians and Wards Act 1890
Structured overnight visitation: a practical Sindh High Court model
Aijaz-ur-Rehman v. Mst. Naila and others
Issue: What contact should a father have with a seven-to-eight-year-old daughter in her mother's custody, where the courts below allowed only two three-hour…
Held: Drawing on the eleven conditions in Madiha Younus v. Imran Ahmed (2018 SCMR 1991), so far as the mother agreed, the Court kept custody with the mother but gave the father an overnight stay on the first Saturday of every…
Art. 199, Constitution of Pakistan 1973s.10, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.7, Guardians and Wards Act 1890
A father who already has the children can still ask to be declared their guardian
Fareha v. Asad Bashir etc.
Issue: Can a father, as natural guardian with physical custody of his four daughters, petition under section 7 of the Guardians and Wards…
Held: Yes. Section 7 speaks of both appointing and declaring a guardian, recognising that a person may already be guardian in law yet seek formal affirmation; section 19(b) limits the court's power but does not bar a natural guardian from applying.…
Art. 199, Constitution of Pakistan 1973s.19, Guardians and Wards Act 1890s.25, Guardians and Wards Act 1890s.7, Guardians and Wards Act 1890
Common questions
The adult heirs agree. Do we still need permission?
Yes, for the children's shares. Their agreement helps the application, but it cannot replace the court's permission.
Can we sell first and apply afterwards?
No. Section 29 requires previous permission. A sale completed first stays open to challenge.
Does the father need permission to sell his child's property?
The father is the natural guardian, and section 29 is written for court-appointed guardians, but Muslim law also limits when a father may sell a child's land. Buyers often still ask for a court order. Ask us about your case.
What about a car or shares the child inherited?
Section 29 is about immovable property. Banks and registrars often still ask for a guardianship certificate before transferring a minor's movable assets.
Legal basis
- Guardians and Wards Act, 1890 (Pakistan Code)ss.29 (limits), 30 (voidable), 31 (permission)
- Code of Civil Procedure, 1908: Order XXXII rule 7Compromises on behalf of minors need the court's leave
- ProPakistani: Federal Constitutional Court guidelines on minors' property (July 2026)
- Guardianship certificate in Pakistan (our guide)
Selling a property in which a child has a share?
Tell us the property, the heirs and the children's ages. A lawyer will tell you what the court will need and how long it is likely to take.
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