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Minor Can Repudiate Guardian's Voidable Sale Through Conduct After Attaining Majority, Not Necessary To File Suit : Supreme Court
Update / Judgement Date
08 Oct 2025
Source
Author
Sakshi Bhardwaj — WCP Legal Desk
Reading Time
1 min read
The Supreme Court considered the legal consequences of a guardian’s voidable sale of a minor’s property and whether the minor, upon attaining majority, must file a suit to repudiate the transaction. The Court held that repudiation can be effected by post-majority conduct inconsistent with acceptance — acts demonstrating non-ratification — and it is not mandatory to institute fresh litigation merely to register repudiation formally. The decision clarified standards for distinguishing void, voidable and valid transactions executed on behalf of minors, explained the burden of proof on the guardian to justify the sale, and outlined remedies available to the aggrieved major who seeks to avoid proprietary consequences of a guardian’s misfeasance. The ruling reinforces protections for minors’ property and affords practical pathways for recovery where guardians breach fiduciary duties, while guiding courts on evaluating subsequent conduct as evidence of repudiation.