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2004 Supreme(SC) 1757

RUMA PAL, ARUN KUMAR
Nangali Amma Bhavani Amma – Appellant
Versus
Gopalkrishnan Nair – Respondent


ORDER :

Ruma Pal, J.

The issue which arises for determination in these appeals is whether a sale entered into by the natural guardian of a minor without obtaining the prior permission of the court under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 (for short "the Act") was void or voidable. Depending upon the answer to this issue, a further question needs resolution, namely, if it is voidable at the instance of the minor, what is the period of limitation within which the minor must file a suit impugning the sale?

2. The property in question was originally owned by one Karthiayani (referred to as 'K' hereunder). K was allotted the property under a deed of partition of joint family properties, which included the property in dispute. In 1958, K mortgaged the property to one Nangali Amma (referred to as 'N'). In 1959, K died leaving behind her, her husband, Raghavan Nair, and her son and daughter, namely, Gopalakrishnan and Chandramati, respectively. Her children were minors at the time of K's death. One year after K's death Raghavan as natural guardian of the two children, sold the equity of redemption in respect to the suit property, to N's daughter, Bhavani. These fact

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