Supreme Court Upholds Minors’ Right to Repudiate Unauthorized Property Sales Through Conduct

The Supreme Court held that a minor, on attaining majority, could repudiate a voidable property sale executed by a guardian without court permission, either through a suit or clear conduct, such as reselling the property.

The case arose when the natural guardian sold two plots owned by his minor sons without permission under Section 8(2) of the Hindu Minority and Guardianship Act, 1956.

After attaining majority, the minors had sold the plots to the respondent, K.S. Shivappa, nullifying the earlier transfers.

The Court ruled the guardian’s unauthorized sale was voidable, recognised repudiation through conduct, and restored the trial court’s decree in favour of the respondent.

[K. S. Shivappa v SMT. K. Neelamma]