Murugan & Ors. v. Kesava Gounder (Dead) Thr. LRs. and Ors.
Background
Under a will, a father bequeathed life interests in his property to his two sons, with the property ultimately to pass to their male heirs. One son, Balaraman, sold parts of the suit properties through registered sale deeds, acting both for himself and purportedly on behalf of his minor son Palanivel. After Balaraman died and Palanivel also died as a minor, Palanivel's mother executed a release deed in favour of the plaintiffs (sons of the other brother, Kannan) years later. The plaintiffs then sued claiming the sale deeds executed by Balaraman on behalf of his minor son were void and sought declaration of title and possession; their suit succeeded at trial but was reversed on appeal, and their second appeal was dismissed by the Madras High Court, leading to this appeal before the Supreme Court.
Decision Breakdown
The Supreme Court held that a sale deed executed by a natural guardian on behalf of a minor without court permission is not automatically void but merely voidable at the minor's instance, and must be challenged by a suit to set it aside within three years of the minor attaining majority (or, if the minor dies before attaining majority, within three years of that event) as per the law of limitation. Since the sale deeds executed by Balaraman on his minor son's behalf were never formally repudiated or challenged by a suit within the prescribed limitation period, the later release deed executed by the minor's mother in favour of the plaintiffs did not amount to such repudiation, the sale deeds remained valid and binding. Finding no merit in the plaintiffs' claim that the sales were void from inception, the Court upheld the High Court's dismissal of the second appeal and dismissed this appeal as well.
Lesson Learnt
A property sale made on behalf of a minor by a guardian isn't void outright: it is only voidable, and anyone wishing to challenge it on the minor's behalf must file a suit to set it aside within the specific limitation period provided by law, or the sale stands permanently valid.