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M. A. ABDUL HAKHIM
Antony @ Jijo S/o. Thattakath Antony – Appellant
Versus
Paul S/o. Panjikkaran Kochouseph – Respondent
JUDGMENT
1. Appellants are the plaintiffs in O.S No.300/1995 of the Munsiff’s Court, Kodungalloor. The plaintiffs are brothers. They challenge the concurrent judgments and decrees of the Trial Court and First Appellate Court dismissing their suit.
2. The suit was originally filed against three defendants. During the pendency of the suit, the 1 st defendant died, and his legal heirs were impleaded as additional defendants 4 to 11. The suit was filed for declaring that Ext.B2 Sale deed executed by the father of the plaintiffs on behalf of them during their minority with respect to B schedule Item No.1 property having an extent of 55 ¼ cents in favour of the 1 st defendant and Ext.B3 Sale deed executed by the father of the plaintiffs on behalf of them during their minority, with respect to Plaint B schedule Item No.2 property having an extent of 6.37 cents in favour of the 2 nd defendant, Ext.B4 and B5 documents executed by the 1 st and 2 nd defendants with respect to those properties in favour of the 3 rd defendant are void and not binding on the plaintiffs and the plaint Schedule properties; for c
The natural guardian's alienation of minors' property is valid if made prudently and for the minors' benefit, as per Section 27 of the Guardian and Wards Act, 1890.
Natural guardians cannot alienate minor's property without proving it benefits the minor; plaintiff failed to prove the agreement's binding nature, leading to dismissal of appeal.
Sales executed by a natural guardian without court permission under the Hindu Minority and Guardianship Act are voidable, remaining valid until the minor challenges them within three years of attaini....
No court permission is required for a Karta to sell joint family property when such sale is established as for family necessity under Hindu law, even involving minor interests.
The sale made by a guardian is voidable, but a suit to challenge it must be filed within the limitation period. Failure to challenge intervening sale deeds and non-joinder of necessary parties can le....
A de facto guardian lacks authority to transfer immovable property rights of a minor, rendering such transfers void ab initio.
A de facto guardian cannot alienate a minor's property without court permission, rendering such transactions void.
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