Supreme Court of India · 1996-08-08
KALLATHIL SREEDHARAN vs KOMATH PANOYALA PRASANNA
- Citation / case number
- SC 1995/17143
- Court
- Supreme Court of India
- Petitioner
- KALLATHIL SREEDHARAN
- Respondent
- KOMATH PANOYALA PRASANNA
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court addressed the validity of a sale agreement under the Hindu Minority and Guardianship Act, 1956, specifically noting that Section 8 requires court sanction for agreements involving minors. The Court held that the agreement executed by the first respondent was valid to the extent of her share, but not for the minor's share without proper sanction. The High Court's reversal of the trial court's decree for specific performance was upheld, granting the appellant a refund of the amount advanced due to the lack of enforceability against the minor's share.