
News Topical, Digital Desk : The Supreme Court has issued a significant ruling regarding property rights. According to the ruling, a juvenile, after the age of 18, can challenge the sale or transfer of property by their parents or guardians without litigation. The court stated that adults can cancel such transfers by purchasing or transferring the property themselves.
"Any voidable transaction entered into by the parent or guardian of a minor can be repudiated by the minor on attaining majority," Justice Mithal said while writing the judgment.
Right to property after 18 years: SC
This decision was made in the case of K. S. Shivappa v. Mrs. K. Neelamma, a case from Shamanur village in Karnataka, where a dispute arose over two plots of land. Rudrappa had purchased these plots in 1971 in the names of his three minor sons. Rudrappa sold the plots without court permission. After the sons reached adulthood, he sold the plots to another person, K. S. Shivappa. The third parties who had previously purchased the plots claimed ownership, leading to the dispute.
No need for trial: SC
There was debate in lower courts about whether minors needed to file a lawsuit to set aside the original sale. The Supreme Court clarified that a formal lawsuit was not required. Adults could reject a guardian's sale by selling the property themselves. The Court further stated that sometimes minors were unaware of the original sale and that the property may still be in their possession, so filing a lawsuit was not always necessary.
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