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1 - 9 of 9 (0.34 seconds)The Guardians And Wards Act, 1890
Vishwambhar & Ors vs Laxminarayan (Dead) Through on 20 July, 2001
17.In Vishwambhar and Others Vs. Laxminarayan
(Dead) Through LRs. and Another, (2001) 6 SCC 163, which
was a case of challenge to alienation without Court’s sanction
and without legal necessity, this Court held that the alienation
by natural guardian was voidable. In the above case, the
mother, natural guardian of two minors has executed the sale
deed before they attained majority. Minors after attaining
majority had filed suit pleading that sale deeds are not binding
and operative on the legal rights of plaintiff, and prayed that
the said sale deeds be set aside to the extent of their share and
the suit for possession of the land be decreed. In the above
case, after considering Section 8 this Court held that sale deeds
were voidable at the instance of the plaintiff. This Court further
held that if the plaintiffs were required to have the sale deeds
set aside before making any claim in respect of suit properties
sold then a suit without such a prayer was of no avail to the
plaintiffs. Following was held in Paragraph No.9:-
Article 60 in Constitution of India [Constitution]
Murugan vs Kesava Gounder (Dead) Thr Lrs And Ors. on 25 February, 2019
15.On the interpretation of Section 8 of the Act, the Hon'ble Supreme
Court and this Court, in various judgments including the judgment in the
case of Murugan and others v. Kesava Gounder (dead) through LRs and
others reported in AIR 2019 SC 2696, have reiterated the position that any
alienation by the minor represented by the guardian is voidable, and the
alienation by the guardian is binding on the minor unless it is set aside
within a period of three years from the date of attaining majority. The
relevant portion of the judgment is extracted below :
Section 8 in The Hindu Minority And Guardianship Act, 1956 [Entire Act]
The Limitation Act, 1963
The Code of Civil Procedure, 1908
Dhurandhar Prasad Singh vs Jai Prakash University And Ors on 24 July, 2001
16.This Court in Dhurandhar Prasad Singh Vs. Jai
Prakash University and Others, (2001) 6 SCC 534 had noted
the distinction between Void and Voidable. In Paragraph
No.22, following has been laid down:-
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