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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
Vishnu Sneha – Appellant
Versus
Sree Daksha Property Developers (India) Pvt Ltd. – Respondent
JUDGMENT :
N. SATHISH KUMAR, J.
1. Aggrieved over the rejection of the suit filed by the plaintiff, the present appeal came to be filed.
2. The suit has been originally filed by the plaintiff claiming for declaration of sale deed dated 22.01.2007 and subsequent sale deeds also partition of the properties into two equal shares and allot one such share to the plaintiff.
3. It is the case of the plaintiff that the suit property originally owned by her father Selvan Raman Achary, who died on 21.03.1997 leaving behind the plaintiff and the first defendant as the sole surviving legal heirs. According to the plaintiff, at the time of the death of her father, she was a minor, whereas, her mother/first defendant without any legal necessity and also without obtaining permission from the Court sold the property in favour of the second defendant by virtue of document Nos.309, 310 and 311 of 2007. Thereafter, the second respondent appointed power agent, who executed a sale deed in favour various persons. Hence, according to the plaintiff, sale deed executed in favour of second defendant and various persons is void ab initio as there was no permission whatsoever obtained from the Court to deal with
Sales of minor's property by guardian without court permission are voidable, requiring action within three years post-majority to avoid limitation issues.
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.
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 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....
(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....
A sale deed executed by a minor's guardian without court permission is voidable, permitting the minor to affirm or reject upon reaching majority.
Question as to whether the father was alive, and the circumstances which led to the mother acting as the guardian of minors at the time of the execution of Ext.A2 Sale Deed are also of significance.
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