Hindu Minority and Guardianship Act, 1956
Section 8—Transfer of immovable property by guardian of minor without permission of court—Repudiation by minor—Mode and manner—A transaction in relation to the property of a minor executed in contravention of the express provisions of Section 8 of the Hindu Minority and Guardianship Act is voidable at the option of the minor or any person claiming under him and a voidable transaction executed by the guardian of the minor can be repudiated and ignored by the minor within time on attaining majority either by instituting a suit for setting aside the voidable transaction or by repudiating the same by his unequivocal conduct—It is not always necessary for a minor to institute a suit for cancellation of a voidable sale transaction executed by his guardian on attaining majority within the limitation provided and that such a transaction can be avoided or repudiated by his conduct.
[Paras 32 to 34]
Pleading
Evidence either ocular or documentary cannot travel beyond the pleadings.
[Para 38]
Power of Attorney
Testimony of Power of Attorney—Admissibility—Testimony of such a witness i.e. a power of attorney holder is inadmissible with regards to the facts within the personal knowledge of the plaintiff who has failed to enter the witness box—Where the plaintiff refuses to testify, the proxies cannot substitute his personal testimony on key issues within the personal knowledge of the plaintiff—A Power-of-Attorney holder is thus, not entitled to depose in place of the principal.
[Para 39]