PANNI LAL versus RAJINDER SINGH AND ANR.
The sale of minor's immovable property by his mother without prior permission of the court is void, not voidable, under Section 8 of the Hindu Minority and Guardianship Act. The mere attestation of sale deed by the father does not convert it into a sale by the legal guardian unless special circumstances exist.
- Parties
- Appellant: Pannilal; Respondent: Rajinder Singh; Respondent: Baldev Singh
- Jurisdiction
- India
- Judgment Date
- 05 May 1993
- Procedural Posture
- Civil Appeal / Supreme Court—final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Guardianship, Alienation of Minor's Property, Legal Necessity, Void Vs Voidable Transactions
Case Brief
Summary, issues, holding and outcome
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Parties
Pannilal
Appellant
Rajinder Singh
Respondent
Baldev Singh
Respondent
Procedural Posture
Civil Appeal / Supreme Court—final Judgment
Legal Issues
- 1 Whether sale of minor's property by mother as guardian without court permission is void or voidable.
- 2 Whether attestation by father converts sale by mother into sale by natural guardian satisfying Section 8 requirements.
- 3 Whether sale was for legal necessity or benefit of minor.
Ratio Decidendi
The sale of minor's immovable property by his mother without prior permission of the court is void, not voidable, under Section 8 of the Hindu Minority and Guardianship Act. The mere attestation of sale deed by the father does not convert it into a sale by the legal guardian unless special circumstances exist.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with no order as to costs
Full Case Text
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