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january 2018

Supreme Court of India · 2018-01-08

Nagaiah vs Chowdamma (Dead) By Lrs.

Court
Supreme Court of India
Petitioner
Nagaiah
Respondent
Chowdamma (Dead) By Lrs.
Author
Mohan M. Shantanagoudar
Bench
Mohan M. Shantanagoudar, Arun Mishra

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the first plaintiff, being the elder brother, could not act as the guardian for the minor second plaintiff in the suit, as per Section 4(b) of the Hindu Minority and Guardianship Act. The Court emphasized that the father, Kempaiah, was the natural guardian and could only represent the minor. The appeal was dismissed, affirming the High Court's ruling that the suit filed by the elder brother on behalf of the minor was not valid due to lack of proper guardianship appointment.

Nagaiah vs Chowdamma (Dead) By Lrs. · Niyam