Supreme Court of India · 2001-11-20
MADHEGOWDA (DEAD) BY L.RS. vs ANKEGOWDA (DEAD) BY LRS
- Citation / case number
- SC 1997/21321
- Court
- Supreme Court of India
- Petitioner
- MADHEGOWDA (DEAD) BY L.RS.
- Respondent
- ANKEGOWDA (DEAD) BY LRS
- Author
- DORAISWAMY RAJU D.P. MOHAPATRA
- Bench
- DORAISWAMY RAJU D.P. MOHAPATRA
Judgment text excerpt
The Supreme Court addressed the validity of a sale deed executed by a guardian on behalf of a minor under the Indian Contract Act, 1872. The Court held that Smt.Madamma, as the guardian of her minor sister Smt.Sakamma, had the authority to sell Smt.Sakamma's share of property, making the sale deed dated 24.4.1961 valid but voidable. The Court overturned the High Court's decision, reinstating the trial and appellate courts' findings that Smt.Sakamma could not sell her interest without annulling the prior sale deed, thus affirming the appellant's possession of the property.