Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Alienation of suit property Limitation Act Mitakshara law 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Minority and Guardianship Act, 1956 (32 of 1956) Limitation Act, 1963 (36 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | | Limitation Act, 1963 — Arts.60, 109 and Explanation 2 of s. 7 — Alienation of suit property made by mother vide sale deed dated 20.01.1982 — Suit filed by plaintiffs-sons and daughters against the mother for partition and declaration that sale deed was not binding — 15' plaintiff was 20 years old, and plaintiff was still a minor and the plaintiffs 3, 4 and 5-married daughters, were aged 29, 27 and 25 respectively, on the date of institution of the suit in the year 1989 — Suit decreed by trial court — Appellate court, on the issue of limitation, held that Art. 109 applies and limitation prescribed is 12 years, thus, suit filed in the year 1989 is within limitation — Said order upheld by the High Court — On appeal, held: Quondam minor plaintiff challenging the transfer of an immovable property made by his guardian in contravention of s. 8(1)(2) of the 1956 Act and who seeks possession of property can file the suit only within the limitation prescribed under Article 60 of the Act which is three years — Limitation to file the present suit is governed by Art. 60 and the limitation is 3 years from the date of attaining majority — As per Explanation 2 of s. 7, the manager of a Hindu undivided family governed by Mithakshara law shall be deemed to - be capable of giving a discharge without concurrence of other members of family only if he is in management of the joint family property — Plaintiffs 3 to 5 though majors as on the date of institution of suit will not fall under Explanation 2-of s. 7 as they are not the manager or Karta of the joint family — Ist plaintiff was 20 years old ~ Thus, the suit is instituted well within three years of limitation from the date of attaining majority as envisaged u/Art. 60 - Hindu Minority and Guardianship Act, 1956. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2016 INSC 296 |
Petitioner | Narayan |
Respondent | Babasaheb & Ors. |
SCR | [2016] 2 S.C.R. 948 |
Judgement Date | 2016-04-05 |
Case Number | 3486 |
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