AMIRTIIAM KUDUMBAH versus SARNAM KUDUMBAN

AMIRTIIAM KUDUMBAH versus SARNAM KUDUMBAN

A person claiming under an ex-minor, including a purchaser, may institute a suit to set aside an alienation of property made by the minor's guardian without court permission or legal necessity, as such right is an enforceable interest in property and not a mere right of litigation. Section 8(3) of the Hindu Minority and Guardianship Act, 1956 provides the statutory right and must be read harmoniously with Section 6(e) of the T.P. Act.

Parties
Appellant/defendant: Amirtiiam Kudumbah; Respondent/plaintiff: Sarnam Kudumban
Jurisdiction
India
Judgment Date
16 April 1991
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Alienation of Minor's Property, Guardianship and Minor's Rights, Voidable Transfer, Assignable Rights
Property Law Family Law Alienation of Minor's Property Guardianship and Minor's Rights Voidable Transfer Assignable Rights

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Parties

Amirtiiam Kudumbah

Appellant/defendant

Sarnam Kudumban

Respondent/plaintiff

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether a transferee from an ex-minor after attaining majority can file a suit to set aside alienation made by the minor's guardian or the said right is to be exercised only by the minor

Ratio Decidendi

A person claiming under an ex-minor, including a purchaser, may institute a suit to set aside an alienation of property made by the minor's guardian without court permission or legal necessity, as such right is an enforceable interest in property and not a mere right of litigation. Section 8(3) of the Hindu Minority and Guardianship Act, 1956 provides the statutory right and must be read harmoniously with Section 6(e) of the T.P. Act.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs