Suit for setting aside alienation of minor's property by his guardian - Limitation period is of 3 years from date of attaining majority u/Art. 60 - Arts. 109, 110 or 113 do not apply - Suit instituted within 3 years from date of attaining of majority of first Plaintiff not barred by limitation.

Citation 

2016(3) MLJ 378

AIR 2016 SUPREME COURT 1666

SUPREME COURT

(From: Bombay)

MADAN B. LOKUR, J. and N. V. RAMANA, J.

Civil Appeal No. 3486 of 2016 (arising out of Special Leave Petition (Civil) No. 15966 of 2012, D/-5-4-2016

Narayan v. Babasaheb

Limitation Act (36 of 1963), Art.60, Art. 109, Art.113,

Art.57 - Hindu Minority and Guardianship Act (32 of 1956), S.8 Applicability Suit for setting aside alienation of minor's property by his guardian Plaintiff quondam minor challenging transfer made by his mother without obtaining permission of Court in contravention of S. 8(2), Guardianship Act, 1956 Limitation period is of 3 years from date of attaining majority u/Art. 60 - Arts. 109, 110 or 113 do not apply

Inconvenience and hardship to person - Not decisive factor while interpreting applicability of provision 1st plaintiff 20 years old as on date of institution of suit Three plaintiffs/his sisters though majors are not manager or Karta of joint family - Not capable of giving discharge without concurrence of other members of family Will not therefore fall under Expln. 2 to S. 7 - Suit instituted within 3 years from date of attaining of majority of first Plaintiff not barred by limitation.

(Paras 29 30