When defacto guardian is liable to restore benefit acquired by him by selling minor's property?
A minor, who repudiates an alienation of his property by a
defacto guardian, is not bound to restore the benefits derived by him, if the
purchaser was aware of the fact of his minority and the minor was not guilty
of any fraud, misrepresentation, etc. In such cases, the purchaser cannot
claim any relief against the minor - either personal or against his property.
The defacto guardian may be liable personally and out of his properties for
dealing with a Hindu minor's property in contravention of Section 11 of the
Act 1956 depending on the terms in the document concerned.
By no
stretch of reasoning, it can be held that the property shown as security in
the failed deed of alienation will automatically get transferred to the
purchaser the moment the document is declared void.
Therefore, the
remedy of defendants 1 and 2, if at all is only to proceed against the defacto
guardian, viz., the 3rd defendant, subject to the terms in Ext.A2 and the
sanction of law.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
MONDAY, THE 6TH DAY OF APRIL 2015/
RSA.No. 885 of 2006 ( )
MANIYAN NADAR,
Vs
HARIKUMAR, S/O.KUNJIRAMAN NAIR
Citation;AIR 2015 Kerala183
https://www.lawweb.in/2015/07/when-defacto-guardian-is-liable-to.html
