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july 2001

Supreme Court of India · 2001-07-20

VISHWAMBARH vs LAXMINARAYAN (DEAD) BY LRS

Citation / case number
SC 1997/21119
Court
Supreme Court of India
Petitioner
VISHWAMBARH
Respondent
LAXMINARAYAN (DEAD) BY LRS
Bench
D.P. MOHAPATRA & DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court held that the sale deeds executed by Laxmibai, the mother and natural guardian of minors Vishwambhar and Digamber, were void ab initio as they were executed without legal necessity and without court permission as mandated by Section 8 of the Hindu Minority and Guardianship Act, 1956. The Court affirmed the plaintiffs' right to challenge the validity of the sale deeds and recover possession of their share in the ancestral property, ruling that the transactions were not binding on the minors. The suit was decreed in favor of the plaintiffs, allowing them to reclaim their rightful share of the property.

VISHWAMBARH vs LAXMINARAYAN (DEAD) BY LRS · Niyam