TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court voids sale deed for minor heirs' shares due to guardian's lack of legal capacity</h1> <h3>Dharamchand Versus Jhamsa and Anr</h3> The court declared the sale deed void only in relation to the shares of the minor heirs, granting a declaration to that effect. It found the guardian ... - Issues:1. Validity of sale deed and surrender affecting rights of minor heirs.2. Competency of guardian to act on behalf of minor heirs without letters of administration.3. Consideration of Succession Act in determining rights of minor heirs.4. Separation of legal and illegal portions of a transaction.Analysis:Issue 1: Validity of sale deed and surrender affecting rights of minor heirsThe case involved a dispute over the validity of a sale deed and surrender executed by the minor heirs' guardian on their behalf. The lower appellate court initially held that the entire transaction was void due to lack of apportionment of consideration. However, upon further review, it was found that the sale deed was invalid only in relation to the shares of the minor heirs. The court granted a declaration that the sale was void to the extent of the minor heirs' shares.Issue 2: Competency of guardian to act on behalf of minor heirs without letters of administrationThe District Judge found that the guardian of the minor heirs, Mt. Kajaria, could not act on their behalf due to the provisions of the Succession Act. This raised questions about the legal capacity of the guardian to execute the sale deed and surrender on behalf of the minor heirs without proper authorization.Issue 3: Consideration of Succession Act in determining rights of minor heirsThe court considered the implications of the Succession Act in preventing the minor heirs from suing for possession but allowing them to seek a declaration that the sale deed was void. The Act was deemed relevant in determining the rights and legal capacity of the minor heirs in the transaction in question.Issue 4: Separation of legal and illegal portions of a transactionThere was a contention regarding the separation of legal and illegal portions of the transaction involving the sale deed and surrender. The court noted that the consideration for the transactions was clearly stated in the deeds, and without a specific plea challenging the amount, it was presumed to represent the actual consideration. The court ultimately set aside the lower court's decision, dismissing the plaintiffs' claim and declaring the surrender invalid without the need for a separate declaration.In conclusion, the judgment addressed various legal aspects, including the validity of transactions involving minor heirs, the role of the guardian, the application of the Succession Act, and the separation of legal and illegal portions of a transaction. The court's decision clarified the rights of the parties involved and provided a resolution based on the legal principles and factual findings presented in the case.
TaxTMI 
TaxTMI 
