Alienation Made In Excess Of Power To Transfer Would Be Invalid To That Extent

Case: Dr. Surijit Behl v. Jaspal Singh Bhatia

Coram: Justice Goutam Bhandari and Sanjay S. Agarwal

Case No.: FA No. 436 of 2019

Court Observation: “Salmonds on Jurisprudence, 12th Edn., has noticed the distinction between valid, void and voidable in the following passage: “…… A valid agreement is one that is fully operative in accordance with the intent of parties. A void agreement is one which entirely fails to receive legal recognition or sanction, the declared will of the parties being wholly destitute of legal efficacy. A voidable agreement stands midway between these two cases. It is not a nullity, but its operation is 27 conditional and not absolute.”

“The disposal of immovable property of minor made by the natural guardian is voidable, it is valid till it id avoided in accordance with the law. The rights conferred by a registered sale deed are good enough against the whole world and the sale can be avoided in case the property sold is of a minor by a natural guardian at the instance of minor or any person claiming under him.”

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Keywords

Alienation, Excess Of Power