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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

The plaintiffs sought to recover possession of properties that had been sold by Balaraman (natural guardian) on behalf of his deceased minor son Palanivel. The sale deeds were executed in violation of Section 8 of the Hindu Minority and Guardianship Act, 1956, without court permission. The plaintiffs claimed that a release deed executed by Palanivel's mother after his death had repudiated the sales, making them void from inception. The Supreme Court held that such transfers are voidable, not void, and governed by Article 60 of the Limitation Act (three years from minor's death). Since no suit was filed within this period to formally set aside the sale deeds, the right to avoid them was barred by limitation. The Court dismissed the appeal, affirming that a release deed containing no reference to the alienations did not constitute valid repudiation."

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Limitation Law Succession and Inheritance Guardian and Ward Immovable Property Voidable Transfers

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