A Heba (gift) deed is widely recognized under Muslim personal law, but when the gifted property belongs to a minor, any attempt to sell, transfer, or mortgage it requires prior permission from the court. Courts and financial institutions maintain this requirement to protect the minor’s long-term interest, as any unauthorized disposal of a minor’s property can later be declared voidable.
Why Court Permission Is Necessary
Mortgage creates a legal and financial liability on the property.Even if the father is the natural guardian, courts hold that a minor’s immovable property cannot be mortgaged without judicial approval.
Banks will not accept mortgage security involving a minor unless the guardian submits a Guardianship Certificate or a Court Sanction Order permitting the mortgage.
Filing Procedure for Court Permission (Bangladesh)
1. Prepare Application Under Guardians and Wards Act, 1890
The natural guardian (usually father) must file an application under:
Section 29 & 31 of the Guardians and Wards Act, 1890
seeking permission to mortgage the minor’s property.
2. Essential Documents to Attach
Minor’s birth certificate
Heba deed copy (registered)
Mutation & record of rights (Khatian)
Property valuation certificate
Purpose of mortgage (loan, construction, etc.)
Bank’s requirement/conditional approval letter
Affidavit confirming necessity and benefit for the minor
3. File Petition in the District Judge Court
Submit the petition to:
District Judge Court (Family or Guardianship Division) of the district where the minor resides or where the property is located.
4. Court Review and Notices
The court will:
Issue notices to relatives/legal heirs
Seek report from a probation officer (if required)
Examine whether the mortgage is in the best interest of the minor
5. Court Hearing
The guardian must appear and explain:
Why the mortgage is necessary
How it benefits the minor
Why no alternative is available
6. Final Order (Court Sanction)
If satisfied, the court issues:
Permission Order allowing the guardian to mortgage the minor’s property.
This order must be submitted to the bank to proceed with loan processing.
Court Fee (Approximate in Bangladesh)
Filing fee: Tk. 500–1,000
Affidavit & documentation: Tk. 300–500
Miscellaneous costs: Tk. 1,000–5,000
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Manjurul A.
MBA, LL.B
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