Minors can reject property sale by guardian after turning 18: SC

In a judgement delivered October 7, the apex court said minors, on becoming majors, can repudiate the transfer of properties by manifesting through clear and unambiguous conduct, such as independently selling or transferring the same

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In a significant verdict on property transactions involving minors, the Supreme Court has ruled that those aged below 18 years, upon attaining majority, are not mandatorily required to institute a lawsuit to repudiate property transfers executed by their natural guardians without approval from a court.

The verdict came in the case of K § Shivappa Vs Smt K Neelamma from a bench of Justices Pankaj Mithal and Prasanna B Varale.

“It can safely be concluded that a voidable transaction executed by the guardian of the 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 Mithal, authoring the judgment, said.