Original owner of property died leaving behind 2 daughters - Sale of minor's property bysisters acting as de facto guardian is in contravention of S. 11 and therefore is per se invalid - Invalid transfer is not requiredto be set aside by filing suit

Citation

AIR 2002 SUPREME COURT 215

SUPREME COURT

(From : Karnataka)*

D. P. MOHAPATRA , J. and DORAISWAMY RAJU , J.

Civil Appeal Nos.5652-5653 of 1998, D/- 20 - 11 - 2001

Madhegowda (D) by L.Rs Appellants v. Ankegowda (D) by LRs and others Respondents.

Hindu Minority and Guardianship Act (32 of 1956), S.11, S.12 - Powers of de facto guardian

- Original owner of property died leaving behind 2 daughters - Sale of minor's property by

sisters acting as de facto guardian is in contravention of S. 11 and therefore is per se invalid -

Transferee of such a sale does acquire any interest in property - Invalid transfer is not required

to be set aside by filing suit - Minor on attaining majority can repudiate transfer.