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january 1996

Supreme Court of India · 1996-01-02

MEETHIYAN SIDHIQUE vs MOHD. KUNJU PAREETH KUTTY .

Citation / case number
SC 1987/70138
Court
Supreme Court of India
Petitioner
MEETHIYAN SIDHIQUE
Respondent
MOHD. KUNJU PAREETH KUTTY .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that a sale of property by a mother as guardian of her minor son is void under the principles of Mohammadan Law, specifically referencing Section 359 which outlines legal guardianship. The Court affirmed the Kerala High Court's decision that the appellant could not claim valid title to the property as the sale was not executed by a legally recognized guardian. The Court also clarified that one co-owner cannot claim adverse possession against another co-owner without asserting adverse title, leading to the dismissal of the appeal.

MEETHIYAN SIDHIQUE vs MOHD. KUNJU PAREETH KUTTY . · Niyam