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Supreme Court of India 2019-02-25 dismissed

MURUGAN vs KESAVA GOUNDER (DEAD) THR LRS AND ORS

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

A father (Balaraman), as natural guardian of his minor son Palanivel, sold property inherited under his father's will by registered sale deeds without court permission, in violation of Section 8(2) of the Hindu Minority & Guardianship Act. After the minor died young, his mother executed a release deed in favor of the minor's cousins (the plaintiffs), who sued seeking declaration of title and possession. The Supreme Court held the suit was time-barred. Although the sale deeds were voidable (not void), they could only be avoided through a formal suit within three years of the minor's death. The release deed without explicit reference to setting aside the sales did not constitute valid repudiation, so no effective avoidance occurred within the prescribed period.

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Hindu Law Guardian and Ward Limitation Property Law Succession

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