The Supreme Court rules that minors who reach majority can repudiate property transfers executed by their guardians without court approval. This landmark verdict allows repudiation either through a formal suit or clear, unequivocal conduct like resale.
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NEW DELHI: In a landmark ruling on October 7, 2025, the Supreme Court of India delivered a crucial verdict clarifying the rights of minors in property transactions. The apex court held that minors who attain majority (18 years of age) are not mandatorily required to file a lawsuit to repudiate property transfers made by their natural guardians without prior court approval.
The judgment was delivered by a bench comprising Justices Pankaj Mithal and Prasanna B. Varale. This decision has far-reaching implications for property law, particularly in safeguarding the rights of minors whose properties may have been sold or transferred by guardians without judicial sanction.
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Background
The case revolved around two adjoining plots, Nos. 56 and 57 in Shamanur village, Davanagere district, Karnataka. The plots were originally purchased in 1971 by one Rudrappa in the names of his three minor sons: Maharudrappa, Basavaraj, and Mungeshappa.
Without obtaining the mandatory court permission under the Hindu Minority and Guardianship Act, 1956, Rudrappa sold both plots to third parties. Years later, after the sons attained majority, they sold the same properties to K S Shivappa.
However, one of the subsequent buyers from the earlier chain, K Neelamma, claimed ownership and filed a civil suit asserting that the minors had not legally repudiated their father’s sale.
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What the Supreme Court Held
The Supreme Court ruled in favor of K.S. Shivappa, upholding the minors’ right to repudiate their father’s unauthorized sale. The key takeaway:
“A voidable transaction executed by the guardian of a minor can be repudiated and ignored by the minor within time on attaining majority either by instituting a suit for setting aside the voidable transaction or by repudiating the same by his unequivocal conduct,”
— Justice Pankaj Mithal
In other words, filing a lawsuit is not the only way for a minor to reject an unauthorized sale after turning 18. The repudiation can also occur through unambiguous actions, such as:
- Selling or transferring the same property independently after attaining majority, or
- Any other act that clearly shows disapproval of the earlier unauthorized transfer.
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The bench referred extensively to Sections 7 and 8 of the Hindu Minority and Guardianship Act, 1956, which strictly limit a guardian’s powers.
According to Section 8(2):
A natural guardian cannot sell, mortgage, gift, or lease a minor’s immovable property without prior permission from the court.
Such transactions are not void, but voidable, meaning the minor, upon attaining majority, can either confirm or repudiate them.
The Court emphasized that the law does not prescribe a specific mode of repudiation; hence, repudiation by conduct is legally valid.
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Case Title:
K. S. Shivappa Vs Smt. K. Neelamma
CIVIL APPEAL NO. 11342 OF 2013
