AIR 2002 SUPREME COURT 215 ::2001 AIR SCW 4874 ::2002 AIR - Kant. H. C. R. 80 ::(2002) 1 MarriLJ 108 ::2002 (1) Marr LJ 108 ::(2002) 2 MahLR 1 ::(2002) RevDec 50 ::(2002) 1 HinduLR 1 ::(2002) 1 CivLJ 534 ::2002 (1) SCC 178 ::(2002) 2 RecCivR 103 ::(2001) 8 Scale 197 ::(2002) 1 All WC 13 ::(2002) MatLR 433 ::2002 (4) MadLW 330 ::(2002) 1 Mad LJ 169 ::2002 (1) RajLW 140 ::2001 (5) SCJ 269 ::2002 (1) UC 159 ::2001 (8) Supreme 292 ::(2002) 2 Andh LT 21 ::(2001) 45 All LR 820 ::(2001) 9 JT 596 (SC)

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): D. P. Mohapatra, Doraiswamy Raju , JJ

Hindu Minority and Guardianship Act (32 of 1956) , S.11, S.12— Powers of de facto guardian - Original owner of property died leaving behind 2 daughters - Sale of minor's property by sisters acting as de facto guardian is in contravention of S. 11 and therefore is per se invalid - Transferee of such a sale does acquire any interest in property - Invalid transfer is not required to be set aside by filing suit - Minor on attaining majority can repudiate transfer. The statute recognises a natural guardian or a testamentary guardian or a guardian appointed by the Court. In law a person who is not a guardian as aforementioned who takes interest upon himself, the general management of the estate of a minor can be more appropriately described as 'de fecto manager'. S. 11 has done away with the authority of any persons to deal with or dispose of any property of a Hindu minor on the ground of his being the de facto guardian of such minor. Any alienation by a de facto guardian will be governed by the provisions in S. 11 of the Act. The alienation, being against the statutory prohibition, would be void ab initio and the alienee would not acquire any title to the property. With the avowed object of saving the minor's estate being misappropriated or squandered by any person, by a relation or a family friends claiming to be a well-wisher of @page-SC216 ....