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Supreme Court of India 2021-12-13 dismissed

M.R. VINODA vs M.S. SUSHEELAMMA (D) BY LRS

Bench: 2 — L. Nageswara Rao, Sanjiv Khanna

In Brief

M.R. Vinoda and three co-plaintiffs challenged a 1969 relinquishment deed executed by their elder brother in favour of their uncle, claiming it was void because one plaintiff was a minor at the time. The High Court dismissed the suit as barred by limitation (filed 25 years later in 1994). The Supreme Court affirmed the dismissal, holding that: (1) the Karta (family head) can alienate joint family property even with minor coparceners' interests, if done for legal necessity or family benefit; (2) here, the relinquishment was valid as it settled inter-branch accounts following the uncle's substantial payments to redeem mortgaged properties; (3) the suit was barred by Articles 58, 59, and 109 of the Limitation Act, and the plaintiffs' claim of ignorance was rejected as specious and untrue.

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Hindu Law Joint Hindu Family Guardianship and Minorities Limitation of Suits Property Law Family Settlement Succession Law

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