In Brief
Moola Gounder died intestate in 1971, leaving property that should have been partitioned among his legal heirs including a minor daughter (plaintiff). The mother executed a release deed on the daughter's behalf, relinquishing her share to the two sons. The trial court upheld the deed; the High Court voided it, holding the property was joint family property and the mother had no power to act as guardian. The Supreme Court allowed the appeal, holding that property inherited under the Succession Act devolves to individual heirs as tenants-in-common, not as joint family property. Even if it were joint property, when a family settlement dissolves the family, the mother (not the Karta) is the natural guardian. The release deed was voidable, not void, and could only be challenged within three years of the daughter's majority—which the plaintiff failed to do.
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