Any property of minor sold by the De facto guardian is void ab initio- but such sale should be challenged within 3 years from the attaining the majority.
THE KARNATKA LAW JOURNAL 2010 PAGE NO: 421.
SEC 8,11& 12 – Minor- De facto guardian selling property on behalf of minor-Whether void ab initio-Repudation of transfer by minor after attaining majority- Effect of transaction made by de facto guardian-Paternal aunt for herself and also on behalf of minor sold property obtained under a settlement deed-Subsequently minor on attaining majority conveyed her portion of property to another person-Bothpurchasers challenged the sale and filed suit-Purchaser from mino9r, after attaining majority, contended that de facto guardian had no right to sell and hence no right was acquired by the earlier purchaser from de facto guardian-trial court held that sale made by de facto guardian not challenged by minor within 3 years from the date of attaining majority, the suit by subsequent purchaser is beyond period of limitation-Dismissed suit-Appealed-Appellate court held that the minor after attaining majority had no valid tittle since her right, tittle and interest in the suit property has already been sold-Aggrieved filed second appeal-Held-Property not property of Joint Hindu Family but property obtained under settlement deed-Paternal aunt was not the natural guardian but de factor guardian-Alienation made by de facto guardian not an alienation of minor’s interest in a joint family property-Sale of minor’s right as a de facto guardian is against the express bar contained in sec 11- selling her right after attaining majority is sufficient to show the repudiation of the transfer-Conclusion of Lower Court to the extent of minor’s right in the property is against the provisions of sec 11 and hence clearly erroneous.
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Haider Ajaz
(Lawyers Club India)
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