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april 1991

Supreme Court of India · 1991-04-16

AMIRTHAM KUDUMBAH vs SARNAM KUMDUMBAN

Citation / case number
SC 1977/61773
Court
Supreme Court of India
Petitioner
AMIRTHAM KUDUMBAH
Respondent
SARNAM KUMDUMBAN
Author
T.K. THOMMEN
Bench
T.K. THOMMEN

Judgment text excerpt

The Supreme Court held that under Section 8(3) of the Hindu Minority and Guardianship Act, 1956, a minor has the right to challenge a voidable transaction made by their guardian without court permission. The Court ruled that the respondent, as a transferee from the ex-minor, was competent to bring a suit to set aside the sale, which was not barred by Section 6(e) of the Transfer of Property Act, 1882. The appeal by the appellant-defendant was dismissed, affirming the lower courts' decrees in favor of the respondent.

AMIRTHAM KUDUMBAH vs SARNAM KUMDUMBAN · Niyam