Supreme Court: Expecting a minor to respond to public notice is ‘perverse’ and ‘legally infirm’

By Legal Desk | April 2, 2026
The Supreme Court has invalidated a succession certificate issued without hearing a minor heir, ruling that a child cannot be legally expected to act upon a newspaper publication.

The Legal Dispute
A Bench comprising Justices Sanjay Karol and AG Masih, in the matter of Deepesh Maheswari & Anr. vs. Renu Maheswari & Ors., observed that expecting a minor to participate in court proceedings based on a public notice is "wholly erroneous and perverse." The Court was hearing an appeal against a succession certificate granted to two daughters of a deceased employee of the Madhya Pradesh Central Electricity Distribution Company. While the daughters had issued a public notice, they failed to formally implead their minor brother, despite being aware of his legal status as an heir.

Lower Courts’ Findings
Upon reaching adulthood, the brother challenged the certificate, arguing that he was denied a fair hearing. However, both the Trial Court and the Madhya Pradesh High Court dismissed his plea. The lower courts held that the "notice by publication" was sufficient for all parties, including the minor, to join the proceedings.

Observations by the Apex Court
Setting aside the High Court's order, the Supreme Court highlighted critical procedural lapses:

• Legal Incapacity: The Court emphasized that a minor does not have the legal or cognitive capacity to read a newspaper notice and understand its judicial implications.
• Guardian Requirement: Under procedural law, a minor must be represented by a Guardian ad Litem in any litigation affecting their rights. Failure to appoint such a representative vitiates the proceedings.
• Perversity of Assumption: The Bench termed the lower courts' assumption—that a child should have acted on a newspaper advertisement—as "perverse" and "suffering from serious legal infirmities."

Final Verdict
The Supreme Court allowed the appeal and cancelled the succession certificate. The matter has been remanded back to the Trial Court for fresh consideration, with a direction to dispose of the case within one year after hearing all legal heirs.

Discription: The Supreme Court has invalidated a succession certificate issued without hearing a minor heir, ruling that a child cannot be legally expected to act upon a newspaper publication. In Deepesh Maheswari v. Renu Maheswari, a Bench of Justices Sanjay Karol and AG Masih termed the lower courts' assumption—that a minor should have joined proceedings via public notice—as "wholly erroneous and perverse." The Court emphasized that a minor lacks the cognitive capacity to understand judicial implications and must be represented by a Guardian ad Litem to protect their interests. Highlighting serious procedural lapses, the Apex Court set aside the High Court's order and remanded the matter for fresh consideration, directing disposal within one year.