Table of Contents
Kartar Singh v. Harbans Kaur [(1994) 4 SCC 730 | BareLaw
Background
This paper examines a case by the Supreme Court of India in Kartar Singh v. Harbans Kaur where it touches on important points of law on property, particularly as to Section 43 TOPA.
Case Overview
Property Sale and Subsequent Legal Battle: From herself and her minor son, Kulwant Singh, Harbans Kaur, the respondent sold land to Kartar Singh, the appellant. When he came of age, Kulwant Singh argued that his share was sold void. Class-1 heir, being the only surviving parent inherited his estate after his death.
Application of Section 43 TOPA: The Appellant sought recourse under section 43 of TOPA claiming right over interest acquired by Harbans Kaur. This sale however was found to be void by High court and hence no remedy available under section 43.
Legal Issues and Analysis
Conditions for Section 43 TOPA: Two conditions must exist for the application of Section 43:
The transferor makes false or erroneous statement about entitlement to transfer possession.
The transferor later acquires an interest in the property before termination of the contract for transferring it.
Void Sale of Minor’s Share : In order to dispose off a child’s estate as per Guardian and wards Act, no permission from district Court as required under has been taken prior to alienating such property which led to its nullity.
Application of Estoppel and Section 43: According to this Supreme Court though estoppel will come into play when there is misrepresentation on part zonf one who takes away property due to someone else’s representation leading him or her astray but this situation does not meet these criteria since appellant knew that mother had restricted power as guardian.
Conclusion of the Case
Supreme Court dismissed appeals stating that principles enshrined in section 43 were not applicable here. The judgment stressed on diligent enquiry into capacity and authority possessed by transferor more so if minors are involved in the transaction about the property.
Summary
This study provides an examination of Kartar Singh v. Harbans Kaur which is a significant decision on Section 43 of TOPA particularly dealing with transactions involving minors’ properties. It highlights the essence of understanding what rights and powers belong to parties in relation to transactions relating to land.
