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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN
Nisha W/o Dinesh Kumar Bora – Appellant
Versus
Sulochana W/o Late Shanmugam – Respondent
| Table of Content |
|---|
| 1. facts of the mortgage and loans (Para 1 , 2 , 3) |
| 2. defendants contest validity of claims (Para 4 , 5) |
| 3. issues framed for determination (Para 6 , 7) |
| 4. determines the enforceability of loan agreements concerning minors. (Para 8 , 9 , 10) |
| 5. legal principles on guardianship and mortgages (Para 11 , 12) |
| 6. clarifies legal obligations of a natural guardian over joint family property. (Para 14 , 16) |
| 7. court's reasoning on mortgage and interest (Para 18 , 19 , 20) |
| 8. issues around promissory notes (Para 21 , 22 , 23 , 24) |
| 9. final decree and orders (Para 26) |
| 10. final ruling adjusts mortgage terms and affirms portions of the trial court's decree. (Para 27) |
JUDGMENT :
1. Original Suit O.S.No.4328 of 2018 (on the file of the XVII City Civil Court, Chennai) is for recovery of money based on the mortgage deeds and promissory notes. The Trial Court partly allowed the suit vide judgement and decree dated 10.08.2021.
2. This Appeal Suit is preferred by the plaintiff as against the disallowed portion of the relief prayed.
3. Averments in the plaint:-
The first defendant Mrs.Sulochana, on her behalf and on behalf of her minor children/the 2nd and 3rd defendants, mortgaged the suit schedu
Mortgages executed by a guardian on behalf of minors are enforceable only if proved to benefit the minors, and agreed interest rates must be followed in recovery claims.
Validity of sale by de-facto guardian for discharging debt.
Promissory note to operate as an acknowledgement of liability.
Natural guardians can manage minor's undivided interests in joint family property without court permission if it serves the minor's welfare.
A natural guardian of minor children can manage and sell undivided interests in joint family property without court permission under the Hindu Minority and Guardianship Act, provided it serves a lega....
The main legal point established in the judgment is that the restriction in Section 8(2) of the Hindu Minority and Guardianship Act, 1956, does not apply to the undivided interest of a minor in joint....
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