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november 2001

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.

MADHEGOWDA (DEAD) BY L.RS. vs ANKEGOWDA (DEAD) BY LRS · Niyam