AIR 1980 MADRAS 216 ::(1980) 93 MadLW 59 ::(1980) 1 MadLJ118

Madras High Court

Hon'ble Judge(s): Balasubrahmanyan , J

(A) Hindu Law - Bequest of land by Will - Sale by mother of her minor son's share in the land acting as his guardian while father of minor still alive - Sale is ab initio void. An item of land was bequeathed by a Will to mother and her two sons. The mother had a life interest and her two sons a vested remainder in the said land. While the second son was still a minor and his father was alive, the mother and her major son sold away the said land including the minor's share, the mother purporting to act as the guardian of her minor son. Later on, after the death of the mother, the minor son who had since attained majority sold away his half share in the said property to a Society. The said Society filed a suit against the earlier alienee (from mother) and his successors, for partition and separate possession of the ex-minor's share. Held that during the father's lifetime, the mother could not act as the minor's legal guardian and hence the sale by her of the minor's share in the land was altogether void and not merely voidable; and the subsequent alienee from the ex-minor could ignore the mother's transaction and ask from partition and separate possession. AIR 1951 Mad 817, Rel. on.(Para 8 11) (B) Hindu Law - Guardian of minor - 'De facto guardian' ....