Case Note & Summary
The dispute originated from a suit for partition filed by the youngest daughter of Moola Gounder, who died intestate on 28.12.1971. Moola Gounder was a coparcener with his two sons, Palanisamy (defendant no. 1) and Arumugam (defendant no. 2). Upon his death, his 1/3 share in the coparcenary property was to be inherited by his six legal heirs: his wife (defendant no. 5), two sons, and three daughters (plaintiff and defendant nos. 3 and 4). The plaintiff claimed that the property had never been partitioned. The defendants (sons) contended that after Moola Gounder's death, the daughters, mother, and wife executed a registered release deed relinquishing their rights in favor of the two sons. The plaintiff was a minor at that time and was represented by her mother as natural guardian. The trial court dismissed the suit, holding that the mother acted as natural guardian and the plaintiff failed to challenge the release deed within limitation. The High Court reversed, holding that the property was joint Hindu family property, the mother could not act as guardian, and the release deed was void ab initio. The Supreme Court allowed the appeal, holding that the property inherited by the daughters under Section 8 of the Hindu Succession Act, 1956 was their separate property, not joint family property. Therefore, the mother could not act as natural guardian; the father was the natural guardian, and after his death, the mother could be guardian only if the father was not alive. However, the release deed executed by the mother without court sanction was voidable under Section 8(3) of the Hindu Minority and Guardianship Act, 1956, not void ab initio. Since the plaintiff did not challenge the deed within three years of attaining majority, the suit was barred by limitation. The Supreme Court set aside the High Court's decree and restored the trial court's dismissal.
Headnote
A) Hindu Law - Guardianship - Natural Guardian - Section 6 of Hindu Minority and Guardianship Act, 1956 - Mother cannot act as natural guardian of minor daughter's separate property inherited from father under Section 8 of Hindu Succession Act, 1956 - The property inherited by female heirs under Section 8 is their separate property, not joint family property, and the father is the natural guardian; after his death, the mother becomes guardian only if the father is not alive, but the property is not joint family property - Held that the mother could not act as guardian (Paras 6-14). B) Hindu Law - Transfer by Guardian - Voidable Transfer - Section 8(3) of Hindu Minority and Guardianship Act, 1956 - Release deed executed by mother as natural guardian of minor daughter without prior permission of court is voidable, not void ab initio - The deed is valid until set aside by the minor on attaining majority within the period of limitation - Held that the release deed was voidable and required to be challenged within three years of attaining majority (Paras 15-18). C) Hindu Succession Act, 1956 - Devolution of Interest - Section 6 and Section 8 - On death of a male Hindu coparcener leaving Class I female heirs, his interest devolves by intestate succession under Section 8, not by survivorship - A notional partition is deemed immediately before death, and the share of the deceased is inherited by his legal heirs as tenants-in-common, each taking their share as separate property - Held that the property inherited by daughters was their separate property, not joint family property (Paras 10-14).
Issue of Consideration
Whether the mother could act as the natural guardian of her minor daughters in respect of the property inherited by them from their father Moola Gounder under Section 8 of the Hindu Succession Act, 1956, and whether the release deed executed by her on their behalf was void ab initio or voidable.
Final Decision
The Supreme Court allowed the appeal, set aside the judgment of the High Court, and restored the decree of the trial court dismissing the suit. The Court held that the release deed was voidable, not void ab initio, and since the plaintiff did not challenge it within the period of limitation, the suit was barred.
Law Points
- Mother cannot act as natural guardian of minor daughter's separate property inherited from father under Hindu Succession Act
- 1956
- Section 8
- Release deed executed by mother as guardian without court sanction is voidable under Section 8(3) of Hindu Minority and Guardianship Act
- Voidable deed must be challenged within limitation period
- Property inherited by female heirs under Section 8 is their separate property
- not joint family property
