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PANKAJ MITHAL, PRASANNA B. VARALE
K. S. Shivappa – Appellant
Versus
K. Neelamma – Respondent
| Table of Content |
|---|
| 1. minor's property transactions are voidable. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appeal process regarding voidable transactions. (Para 6 , 7 , 8) |
| 3. requirements for minor's guardian's property transaction. (Para 10 , 11 , 12) |
| 4. avoidance of voidable transactions by minors. (Para 18 , 19 , 22) |
| 5. repudiation of transactions possible without court suit. (Para 32 , 34) |
| 6. restoration of the trial court's judgment. (Para 40 , 41 , 42) |
JUDGMENT :
PANKAJ MITHAL, J.
1. One Mahadevappa, son of Waderahalli Basappa of Village Shamanur was the owner of sites measuring 42 ft. x 30 ft. and 41 ½ ft. x 30 ft., which were carved out of Survey Nos. 113/2 and 114/1. These revenue sites were described as plots Nos. 56 and 57 respectively. The aforesaid plots Nos. 56 and 57 were purchased by Rudrappa on 15.09.1971, in the name of his three minor sons, namely, Maharudrappa, Basavaraj and Mungeshappa. Thus, all the three minors became the joint owners of the aforesaid two plots.
2. Rudrappa, the father and the natural guardian of the three minors, transferred one of the two plots i.e. plot No. 56 in favour of one S.I. Bidari by a registered sale deed without the court’s permission. The said S.I. Bid
(1) Voidable transaction executed by guardian of minor can be repudiated and ignored by minor within time on attaining majority either by instituting suit for setting aside voidable transaction or by....
The sale of minor's property was declared void as it lacked necessary court permission, violating the Hindu Minority and Guardianship Act provisions regarding the guardian's authority to alienate pro....
A natural guardian's sale of a minor's property without court permission is voidable, and minors can challenge such sales within a specified timeframe after attaining majority.
A sale deed executed by a minor's guardian without court permission is voidable, permitting the minor to affirm or reject upon reaching majority.
Sales of minor's property by guardian without court permission are voidable, requiring action within three years post-majority to avoid limitation issues.
The sale deed lacking prior permission/sanction of the Court under the Hindu Minority and Guardianship Act, 1956, was found void, and the Plaintiffs' failure to prove possession of the suit land led ....
A sale deed executed by a de facto guardian for a Muslim minor is void and cannot be ratified by the minor upon attaining majority.
The sale of a minor's undivided interest in joint family property does not require prior court permission under Section 8 of the Hindu Minority and Guardianship Act, 1956, as it is governed by Sectio....
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