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ANIL KUMAR CHOUDHARY
Gunja Devi – Appellant
Versus
Md. Hafiz, s/o Rahim Mian – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. No one turns up on behalf of the respondent in-spite of repeated calls. Hence, this appeal is heard ex-parte.
3. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree of affirmance dated 18.10.2004 passed by the learned District Judge, Chatra in Title Appeal No. 20 of 2003 whereby and where under, the learned first appellate court has confirmed the judgment and decree passed by the trial court being the Munsif, Chatra dated 29.08.2003 in Title Suit No. 22 of 1995 whereby and where under, the learned Munsif decreed the suit of the plaintiff and ordered that the sale deed nos. 3953/1974 and 3954/1974 executed in favour of Tekni Gowalin are declared as null and void and not binding upon the plaintiff and also declared that Karim Mian was not guardian of the plaintiff and his two sisters and decreed the suit to the aforesaid extent.
4. The brief fact of the case is that the plaintiff filed Title Suit No. 22 of 1995 in the court of Munsif, Chatra with the aforesaid prayer.
5 The case of the plaintiff in brief is that the suit was recorded during the cadastral survey as bakast
A de facto guardian lacks authority to transfer immovable property rights of a minor, rendering such transfers void ab initio.
Point of Law : Both courts erred in holding that once mutation proceedings are over with no objections from defendant-appellants, they are estopped from questioning the validity of sale deed dated.
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....
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....
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.
A sale deed executed by a minor's guardian without court permission is voidable, permitting the minor to affirm or reject upon reaching majority.
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....
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.
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