option available with minors makes the sale deed at best a voidable document. Suffice would be to refer to the judgment of the Supreme Court ... aforesaid, the sale deed dated 18.2.1963 at best is a voidable document at the option of the minors, as the minors
minor or any
person claiming under him. A document which is
voidable has to be actually set aside before taking its
legal effect. This Court ... Singh (1973) 2 SCC 535, while making
distinction between void and voidable document held :
(SCC p. 538, para 5"
"5. ... We think that
Whether the release deed is a void document or a
voidable document and in this connection whether the ratio
laid down in Muppudathi Pillai ... Registration Act and
registration of the document is wholly invalid and the document is
inoperative to effect the transfer, although there is no misdescription, fraud
deed, which is for 33 years, dated 30.03.2007 is only
a voidable document and not void document. The plaintiffs received the total lease
amount ... respondents is not a void deed, but only a voidable document and therefore,
the judgment relied upon by the learned counsel for the respondents reported
only voidable
and not a void document. In respect of voidable documents, there is an
option for the parties to rectify the fraud and make ... Therefore, there are certain circumstances where a voidable
document under Section 53 of the Transfer of Property Act, may be
validated with the consent
Section 31 in paragraph No.15 refers
to both void and voidable documents. It provides for a
discretionary relief. In paragraph No.16 held that ... Specific Relief Act, 1963 thus, refers
to both void and voidable documents. It provides for a
discretionary relief. It is observed in paragraph
virtue of
the presentation of the suit, the otherwise “voidable”
document has become void.
10. On these grounds, it dismissed the appeal against which ... guardian on behalf of the minors.
22. The nature of the document being voidable, the plaintiffs could have
avoided the same by some act which
virtue of
the presentation of the suit, the otherwise “voidable”
document has become void.
10. On these grounds, it dismissed the appeal against which ... guardian on behalf of the minors.
22. The nature of the document being voidable, the plaintiffs could have
avoided the same by some act which
However, whether the document which had been
executed as a settlement deed is a void document or a voidable
document, will have to be examined ... executing the document, or a principal in respect of a
document executed by his agent, or a minor in respect
of a document executed
However, whether the document which had been executed
as a settlement deed is a void document or a voidable document, will
have to be examined ... title and right to execute the document
and the right to examine whether those documents are void or
voidable can only be examined
