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august 1973

Supreme Court of India · 1973-08-22

SRI CHANDRE PRABHUJI JAIN TEMPLE AND ORS. vs HARIKRISHNA AND ANOTHER

Citation / case number
SC 1967/285
Court
Supreme Court of India
Petitioner
SRI CHANDRE PRABHUJI JAIN TEMPLE AND ORS.
Respondent
HARIKRISHNA AND ANOTHER
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court examined the validity of mortgages executed by a widow as guardian under the Guardians and Wards Act, 1890, specifically Sections 29 and 31(2). The Court held that the widow acted without authority by failing to disclose the existence of a will, which appointed her as guardian and bequeathed the estate to the minors. Consequently, the mortgages were deemed invalid, and the appellants were entitled to recover amounts from the properties mortgaged, affirming the High Court's preliminary decree.

SRI CHANDRE PRABHUJI JAIN TEMPLE AND ORS. vs HARIKRISHNA AND ANOTHER · Niyam