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august 2014

Supreme Court of India · 2014-08-20

Pemmada Prabhakar & Ors vs Youngmen'S Vysya Association & Ors

Citation / case number
AIRONLINE 2014 SC 197
Court
Supreme Court of India
Petitioner
Pemmada Prabhakar & Ors
Respondent
Youngmen'S Vysya Association & Ors
Author
V.Gopala Gowda
Bench
V. Gopala Gowda, Dipak Misra

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the Second Appeal, affirming the Trial Court's decision that the Agreement of Sale dated 03.05.1993 was invalid due to lack of consent from all legal heirs of the deceased owner under Section 30 of the Hindu Succession Act, 1956. The Court emphasized that all co-owners must consent to the sale of property, and since the plaintiffs failed to obtain consent from the other heirs, the specific performance claim was rightly rejected. The defendants were ordered to refund the advance amount with interest, reinforcing the principle that agreements lacking necessary consent are unenforceable.

Pemmada Prabhakar & Ors vs Youngmen'S Vysya Association & Ors · Niyam