Kartar Singh v. Harbans Kaur

Quick Summary

This case clarifies a simple rule: a guardian cannot sell a minor’s property without court permission. Such a sale is void from the start. It cannot be healed later by Section 43 of the Transfer of Property Act (“feeding the grant by estoppel”).

Here, the buyer ignored signs that the mother was selling as a guardian. Later, when the mother inherited the son’s share, the buyer argued that the old sale became valid. The Supreme Court said no—an illegal, void sale does not become good later.

Issues

1. Does Section 43 TP Act apply where the transferor misstates authority to transfer?
2. Does the transferee’s lack of reasonable diligence block Section 43?
3. Can a guardian’s sale of a minor’s share, made without court permission, be validated if the guardian later inherits that share?

Rules

• Sale of a minor’s property without court permission (Guardians and Wards Act, 1890) is void ab initio.
• Later inheritance does not retro-validate an illegal or void act.
• Section 43 TP Act applies only to transfers that are otherwise lawful but incomplete due to want of title—not to void transactions.

Arguments

Judgment

The Supreme Court dismissed the appeal. The buyer failed to make reasonable checks. The sale of the minor’s share, lacking court permission, was void ab initio. A void sale cannot be validated by Section 43.

Result: the minor’s share did not pass under the impugned sale deed.

Ratio Decidendi

Section 43 TP Act presumes a valid transfer in form but lacking title at the time. When the root transaction is void due to statutory prohibition (sale of a minor’s property without the court’s leave), Section 43 is out of play. The buyer must also have acted reasonably; here, the buyer did not.

Why It Matters

• Protects minors’ property by enforcing strict permission rules.
• Stops misuse of Section 43 to launder illegal sales.
• Signals to buyers: verify authority, especially when a deed mentions “guardian.”

Key Takeaways

Mnemonic + 3-Step Hook

Mnemonic: “Void Guardian Cannot Feed” → Void, Guardian sale, Court permission missing, Feeding (S.43) not allowed.

1. Spot the word “guardian” in deed.
2. Ask for court permission order.
3. Refuse if permission missing—Section 43 won’t help.

IRAC Outline

Glossary

Void ab initio

Invalid from the very beginning; treated as if it never existed.

Section 43 TP Act

“Feeding the grant by estoppel”—when a transferor later acquires title, it can pass to the transferee if the initial transfer was otherwise lawful and the transferee acted reasonably.

Guardians and Wards Act permission

Court’s prior approval required for a guardian to sell a minor’s property.

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