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        2016 (4) TMI 1291 - SC - Indian Laws

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        Limitation for challenge to guardian's sale deed falls under Article 60, with Section 7 saving a timely suit after majority. A suit by joint claimants challenging a guardian's sale of minor's property and seeking possession is governed by Article 60 of the Limitation Act, 1963, ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Limitation for challenge to guardian's sale deed falls under Article 60, with Section 7 saving a timely suit after majority.

                            A suit by joint claimants challenging a guardian's sale of minor's property and seeking possession is governed by Article 60 of the Limitation Act, 1963, because it is in substance a suit to set aside a transfer made in contravention of Section 8 of the Hindu Minority and Guardianship Act, 1956. Articles 109 and 110 do not apply, as they concern alienation by a father of ancestral property and exclusion from joint family property, while Article 113 is residuary. Section 7 of the Limitation Act, read with its Explanation, preserves limitation where the relevant plaintiff attains majority, and the suit was held to have been filed within three years of that date.




                            Issues: Whether a suit filed in 1989 to challenge a sale deed dated 20.01.1982 and seek possession was governed by Article 60 of the Limitation Act, 1963, or by Articles 109, 110 or 113 of the Limitation Act, 1963, and whether Section 7 of the Limitation Act, 1963 saved the suit from being time-barred.

                            Analysis: The suit was one by persons jointly entitled to challenge an alienation made on behalf of minors and to recover possession. The transaction was examined in the light of Section 8 of the Hindu Minority and Guardianship Act, 1956, and was held to be a transfer made in contravention of the statutory restrictions governing a guardian's dealings with a minor's property. Such a challenge is substantively a suit to set aside a transfer made by a guardian, with consequential relief of possession, and therefore falls within Article 60 of the Limitation Act, 1963. Articles 109, 110 and 113 were held inapplicable because Article 109 concerns alienation by a father of ancestral property, Article 110 concerns exclusion from joint family property, and Article 113 is residuary. On the reckoning of limitation, Section 7 and its Explanation were applied, and the Court found that the suit was instituted within three years from the date when the relevant plaintiff attained majority.

                            Conclusion: The suit was governed by Article 60 of the Limitation Act, 1963, was within limitation, and the challenge to the sale deed was not barred.


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                            ActsIncome Tax
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