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august 1996

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.

KALLATHIL SREEDHARAN vs KOMATH PANOYALA PRASANNA · Niyam