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Supreme Court of India 2019-02-25 dismissed

Murugan & Ors vs Kesava Gounder (Dead) Thr. Lrs. and Ors

Bench: 2 — Ashok Bhushan

In Brief

A minor's father (Balaraman) sold the minor's property by registered deed without court permission, violating the Hindu Minority and Guardianship Act. After the minor died before majority, his mother executed a release deed in favor of heirs seeking recovery. The Supreme Court held that such transfers are voidable (not void) and must be formally set aside by court within three years of the minor's death under Article 60 of the Limitation Act, not within twelve years under Article 65. A suit for possession without a prayer to set aside the deeds cannot be maintained. The appellants failed to challenge the transfers within the prescribed period, so their suit was barred by limitation and dismissed.

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Limitation Guardianship Minor's Property Hindu Minority and Guardianship Act Voidable Transfers Succession Law Property Rights

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