Back
PANKAJ JAIN
Gurnam Singh – Appellant
Versus
Sahab Singh – Respondent
JUDGMENT :
Pankaj Jain, J.
1. Plaintiff is in appeal.
2. Plaintiff filed suit seeking decree of declaration to the effect that sale of 1/2 share of agricultural land measuring 148 kanal, 17 marlas fully described in para No. 1 of the plaint made by his father defendant No. 7 acting as his natural guardian in favour of defendants No. 1 to 6 vide registered sale deed dated 23.12.1973 is illegal, void without consideration, without necessity and is thus not binding qua his rights.
3. He pleaded that the land in question was sold for ridiculous consideration showing inflated amount in sale deed. Apart from the sale being without legal necessity, the same was executed by defendant No. 7 acting as his natural guardian without seeking permission from the competent Court. Sale at the instance of a minor without permission of the Court is voidable. Plaintiff who was born on 21.10.1963 and attained majority on 21.10.1981 was thus, entitled to get the sale annulled by instituting the present suit on 16.09.1983.
4. Defendant No. 7-the father opted not to appear despite service. He was proceeded ex-parte. Suit was contested by defendants No. 1 to 6, the vendees in the impugned sale. It was pleaded t
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....
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 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....
Natural guardians can manage minor's undivided interests in joint family property without court permission if it serves the minor's welfare.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
