Supreme Court Clarifies Law on Property Transfers by Guardians: Minors Can Repudiate Without Court Intervention
The Supreme Court of India has delivered a landmark judgment settling a long-standing ambiguity in property law concerning minors’ rights over property sales executed by their guardians without prior court approval. The decision, pronounced by a bench comprising Justice Pankaj Mithal and Justice PB Varale , establishes that minors, upon attaining majority, are not required to move the court to cancel such transactions — repudiation through their actions or conduct is sufficient under the Hindu Minority and Guardianship Act, 1956 . Case Background: The Dispute Over Two Plots in Karnataka The judgment arose from an appeal filed by KS Shivappa , who purchased two adjoining plots in Davanagere, Karnataka, from two brothers after they attained majority. These plots were originally purchased in 1971 by their father and natural guardian, Rudrappa , in the names of his minor sons. Soon after, Rudrappa sold both plots without obtaining the mandatory court permission required under Section 8(...