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Civil Property & InheritanceSupreme Court of India

Agricultural Produce Marketing Committee v. Bannamma

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 3198 of 2007)Decided 25 Jul 2014
Civil Appeal No. 3198 of 2007
Justice Ranjan Gogoi · Justice M.Y. Eqbal

Background

Bannamma entrusted management of her land to her son, who represented himself as owner and sold it to the marketing committee in 1978. She sued for ownership and possession, and the High Court upheld her title. Her son died before she did, and after her death the committee argued that her grandchildren's inheritance should validate their father's earlier sale.

Decision Breakdown

The Supreme Court dismissed the committee's appeal and upheld the decree in favour of Bannamma's successors. The ownership finding was supported by the relevant documents, which the first appellate court had failed to consider properly. Section 43 of the Transfer of Property Act can allow a purchaser to benefit when an unauthorised seller later acquires the property interest he purported to sell. Here the son never acquired any interest during his lifetime because his mother outlived him. The grandchildren inherited from their grandmother, so their later acquisition could not be used to validate their father's unauthorised transfer.

Lesson Learnt

A buyer must check the seller's ownership rather than rely on their management of family property. A seller's lack of title is not cured merely because their children later inherit the land independently from its actual owner.

Agricultural Produce Marketing Committee v. Bannamma – Legal Case Shots | LegalAware