K.S. Shivappa v. Smt. K. Neelamma
- Vaishnavi Majji
- Oct 28
- 2 min read
In K.S. Shivappa v. Smt. K. Neelamma (2025 INSC 1195), the Hon’ble Supreme Court clarified the legal consequences of a guardian’s unauthorized sale of a minor’s property under the Hindu Minority and Guardianship Act, 1956.
In 1971, two plots were purchased by a father, Rudrappa, in the names of his minor sons. Without obtaining court permission, he sold one plot to a third party. Years later, after attaining majority, the sons sold both plots to K.S. Shivappa. Meanwhile, one of the plots had passed through several hands, eventually to Smt. K. Neelamma, who filed a suit claiming ownership.
The trial court dismissed her suit, holding that the guardian’s sale was voidable and had been validly repudiated by the minors through their subsequent sale to Shivappa. However, the appellate courts reversed this decision, reasoning that since the minors had not filed a formal suit for cancellation, their sale held no validity.
On appeal, the Hon’ble Supreme Court restored the trial court’s judgment, holding that a sale of a minor’s immovable property without court permission is voidable, not void ab initio. The Court emphasized that a minor, upon attaining majority, need not necessarily institute a formal suit to repudiate such a sale. Clear and unequivocal conduct, such as selling the property to another person, is sufficient evidence of repudiation.
The Court also observed that repudiation must occur within the limitation period, which was satisfied in this case. The ruling reinforces that minors are not compelled to engage in unnecessary litigation to reclaim their property rights. It further cautions buyers to verify the legitimacy of titles originating from guardian sales. This judgment strengthens protection for minors while balancing practical considerations in property transactions.
Source
Comments