Legal Question in Civil Rights Law in India
Respected Sir,
One Sahabo Devi filed a petition under section 8 of the minority and guardianship act for permission to sell the land of her minor son. respondent Dharamvir, who is real brother of petitioner's late husband filed objections that father of minor and husband of the petitioner namely Prem Chand had entered into an agreement to sell his whole land during his life time. issue was framed "whether Prem Chand husband of petitioner entered into an agreement to sell his land in favour of Dharamvir". This issue was decided against the objector Dharamvir and permission to sell the land was granted. Dharamvir preferred appeal before the Hon'ble High Court. when the appeal came up for final hearing, the minor had become major and the High Court decided the matter stating that the matter has become infructous. mean while Dharamvir filed a suit for specific performance. what is the effect of judgment vide which the issue regarding agreement was decided. whether the judgment amounts res-judicata.
1 Answer from Attorneys
before answering this query I will need to peruse the orders passed in the matter. however on the plain reading once the minor attains majority he can take decisions in respect of the property.
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