SAROJ versus SUNDER SINGH & ORS.

SAROJ versus SUNDER SINGH & ORS.

A sale of minor daughters’ definite shares in immovable property by their natural guardian mother without court permission is voidable at the instance of the minors; the suit for declaration of nullity of sale deeds succeeds.

Parties
Appellant: Saroj; Respondent: Sunder Singh; Respondent: Smt. Rishal; Proforma Respondent: Manoj; Proforma Respondent: Sanoj
Jurisdiction
India
Judgment Date
25 November 2013
Procedural Posture
Civil Appeal / Supreme Court Final Appeal Decision
Outcome
Appeal allowed; suit decreed in favour of appellant and proforma respondent Nos.4 and 5
Legal Topics
Hindu Minority and Guardianship, Transfer of Minor's Property, Natural Guardian Powers
Family Law Property Law Hindu Minority and Guardianship Transfer of Minor's Property Natural Guardian Powers

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Parties

Saroj

Appellant

Sunder Singh

Respondent

Smt. Rishal

Respondent

Manoj

Proforma Respondent

Sanoj

Proforma Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal Decision

Legal Issues

  1. 1 Whether the sale of minor daughters’ shares in immovable property by the natural guardian (mother) without permission of the court is valid
  2. 2 Whether the property sold for welfare of minors by natural guardian without court permission is voidable

Ratio Decidendi

A sale of minor daughters’ definite shares in immovable property by their natural guardian mother without court permission is voidable at the instance of the minors; the suit for declaration of nullity of sale deeds succeeds.

Court Disposition

Appeal allowed; suit decreed in favour of appellant and proforma respondent Nos.4 and 5

Orders

  • Judgments and orders of trial court, First Appellate Court and Second Appellate Court set aside
  • Sale deeds executed by second respondent in favour of first respondent declared voidable at the instance of the minors