In a significant decision, the Supreme Court has stated that if a parent or guardian sells property registered in a minor’s name, they can cancel the transaction after they turn 18. Filing a lawsuit is not necessary; simply taking clear steps will suffice. Read the full Supreme Court ruling and the case it addressed.
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Property Rights: The Supreme Court has issued a significant ruling regarding property rights. According to this, after attaining the age of 18, minors can challenge a decision by their parents or guardians to sell or transfer property registered in their name.
The court also stated that after attaining adulthood, minors can take clear steps to cancel the transfer. For example, they can sell or transfer the property themselves. Or they can file a lawsuit in court, alleging that the transaction was invalid and should be annulled.
What is the full story?
This Supreme Court decision relates to an old dispute in Shamanur village, Karnataka. In 1971, a man named Rudrappa purchased two plots in the names of his three minor sons. Later, he sold these plots to someone else without court permission.
When the sons reached adulthood, they sold the same plots to a man named K.S. Shivappa. Subsequently, the former buyer claimed ownership, leading to a dispute over the land. In this dispute, the Supreme Court clarified that if a minor’s property is sold by his guardian, the child can challenge the transaction after reaching the age of 18.
Lower Court Position
Lower courts differed on whether a minor should be required to file a lawsuit to reverse the wrongful sale of property in his or her name. Some courts believed that legal action was necessary to reverse such a transaction, while others did not consider it necessary.
The Supreme Court resolved this dispute, stating that a formal lawsuit was not necessary. If a person wishes to assert their claim to property after attaining the age of majority, they can do so by taking clear action.
Such as selling or transferring the property themselves. The Court also acknowledged that sometimes a minor is unaware of a sale in their name, or is in possession of the property, and in such cases, filing a lawsuit may not be necessary.
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