IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J.
Antony @ Jijo S/o. Thattakath Antony - Appellant
Versus
Paul S/o. Panjikkaran Kochouseph - Respondent
RSA NO. 902 OF 2020
Decided On : 21-01-2025
(A) Guardian and Wards Act, 1890 - Section 27 - Alienation of minors' property - The court examined whether the alienations made by the natural guardian were prudent and for the benefit of the minors. The Trial Court found the alienations valid, as they were made for the minors' benefit, and dismissed the suit. (Paras 5 , 11 , 19 , 27 )
(B) Second Appeal - Scope of review - The court held that findings of fact by the Trial Court cannot be interfered with unless there is a clear perversity. The appeal was dismissed as no substantial question of law arose. (Paras 22 , 28 )
Facts of the case: The plaintiffs, brothers, challenged the dismissal of their suit regarding the validity of sale deeds executed by their father during their minority, claiming they were void due to lack of court sanction. (Paras 1 , 2 )
Findings of Court: The Trial Court upheld the alienations, stating they were made in the minors' interest and that the plaintiffs ratified these transactions by accepting benefits from subsequent dealings. (Paras 11 , 27 )
Issues: The main issues included whether the alienations were made for the minors' benefit and whether the plaintiffs could avoid the sale deeds after accepting benefits. (Paras 19 , 27 )
Ratio Decidendi: The court ruled that the natural guardian's actions were valid as long as they were prudent and for the minors' benefit, emphasizing the guardian's duty under Section 27. (Paras 19 , 27 )
Result: Regular Second Appeal dismissed without costs.
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 consequential relief of setting aside the said documents; for allowing recovery of possession of Plaint B schedule properties from the 3 rd defendant on the strength of title with mesne profits. Plaint B Schedule Item Nos 1 and 2 properties are parts of Plaint A schedule property having an extent of 2 acres 15 cents obtained by the plaintiffs represented by their father Antony as their natural guardian as per Ext.A1 Sale deed of the year 1979 during their minority. As per the plaint allegations on the basis of Ext B4 and B5 sale deeds executed by defendants 1 and 2, the plaint B schedule properties are in possession and enjoyment of the 3 rd defendant; the plaintiffs did not enjoy the consideration of the above sale deeds; the father of the plaintiffs did not obtain sanction from the District court Thrissur for Ext.B2 and B3 alienations.
3. Defendants 1 and 2 filed a joint Written Statement, and the 3 rd defendant filed a separate Written Statement opposing the suit prayers. Defendants 1 to 3 admitted that the plaintiff derived the title of the plaint schedule property as per Ext.A1, that the father of the plaintiff transferred plaint B schedule properties in favour of defendants 1 and 2 as per Ext.B2 and B3 and that the 3 rd defendant purchased the Plaint B schedule properties from defendants 1 and 2 as per Ext.B4 and B5 Sale Deeds. According to them, Antony, father of the plaintiffs, transferred plaint B schedule properties in favour of defendants 1 and 2 for and on behalf of the plaintiffs upon valid consideration and in good faith. While executing those Sale deeds, Plaint B schedule properties were barren land without any cultivation and irrigation facilities. The plaintiffs did not obtain any usufructs from it. The father of the plaintiff did not have the financial capability to cultivate the said properties. Hence, the father of the plaintiff and relatives formed an opinion to purchase another cultivating land for the best interest of the minors. By using the sale consideration received from the 2 nd defendant as per Ext.B2, the father of the plaintiffs immediately purchased 1 acre 42 cents of paddy land for and on behalf of the plaintiffs from one Anandan through Ext.B1 sale deed using the sale consideration of Rs.8000 received from the 2 nd defendant. The sale consideration received from the 1 st defendant as per Ext.B3 was utilized for the educational expenses of the plaintiffs and their family expenses. Every guardian has the right to alienate the property of the minors for their benefit. The guardian need not approach the civil court for permission.
4. Originally from the side of the plaintiff, PWs 1 to 5 were examined, and Ext.A1 to A6 documents were mar
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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....
Absolute sale deed with separate repurchase agreement not mortgage; minors must challenge guardian’s alienation within 3 years of majority by seeking cancellation.
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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