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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Gyanedra Pr. Tripathy – Appellant
Versus
Sanjaya Kumar @ Manas Ranjan Khuntia – Respondent
| Table of Content |
|---|
| 1. background of appeal against trial court judgment. (Para 1 , 2) |
| 2. plaintiffs' claim about void sale deed. (Para 3 , 4 , 5 , 6) |
| 3. trial court's findings on sale deed validity. (Para 7 , 10) |
| 4. appellate court's considerations for appeal. (Para 8 , 9) |
| 5. questions of law admitted for appeal. (Para 11 , 12) |
| 6. arguments regarding necessary parties and legal procedures. (Para 13 , 15) |
| 7. discussion on mother's role in the suit. (Para 14 , 16) |
| 8. legal interpretation of custody and property management. (Para 17 , 18 , 19) |
| 9. final judgment and dismissal of appeal. (Para 20) |
JUDGMENT :
1. The defendant in the trial Court is the appellant who seeks to challenge the judgment passed by learned 3rd Additional District Judge, Cuttack in RFA No. 42 of 2009/114 of 2014 on 25.07.2016 followed by decree whereby, the judgment and decree passed by learned Civil Judge, (Junior Division), Salepur in Civil Suit No.17 of 2006 on 08.04.2009 was confirmed.
3. The plaintiffs (respondents herein) filed the aforementioned suit seeking a declaration that the registered sale deed No. 816 dated 11.05.2001 is void and that the defendant be permanently restrained to come upon the suit land and interfer
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....
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.
A sale deed executed by a minor's guardian without court permission is voidable, permitting the minor to affirm or reject upon reaching majority.
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 sale deed lacking prior permission/sanction of the Court under the Hindu Minority and Guardianship Act, 1956, was found void, and the Plaintiffs' failure to prove possession of the suit land led ....
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....
Right of natural guardian to alienate property – Natural guardian being eldest member of joint family, in-charge of property, can exercise powers to deal with minors in joint family property keeping ....
Sales of minor's property by guardian without court permission are voidable, requiring action within three years post-majority to avoid limitation issues.
(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....
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