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.