Indian Supreme Court Civil Law Digest

Section 6 of the 1956 Act, inter alia, declares that the father and, after him, the mother, shall, in the case of a boy or an unmarried girl, be the natural guardians of the minor’s person as well as in respect of the minor’s property.

Elumalai @ Venkatesan & Anr v. M. Kamala and Ors. & Etc.< [SC-Date 25-01-2023]

In the facts of this case, the case of the appellants may be noted. It is their case, that Shri Chandran, their father, himself did not have any right in the plaint schedule property. This is for the reason that being the separate property of Shri Sengalani Chettair, Shri Chandran did not have any right by birth. He himself had only, what is described a spec successionis within the meaning of Section 6(a) of the Transfer of Property Act. It is not even the case of the appellants that they had any independent right in the plaint schedule property either at the time of their birth or at the time when their father died or even when their grandfather Shri Sengalani Chettair died in 1988. The right, which they claim, at the earliest point, can arise only by treating the property as the separate property of Shri Sengalani Chettair on his death within the meaning of Section 8 of the Hindu Succession Act. Therefore, we are unable to discard the deed of release executed by their father Shri Chandran in the year 1975 as a covenant within the meaning of Section 8 of the ‘1956 Act.

Application for initiation of CIRP by  creditor for non-payment or short payment on accounts of goods supplied

Insolvency and Bankruptcy Code, 2016( S. 8 and 9)

Rajratan Babulal Agarwal v. Solartex India (P) Ltd., (2023) 1 SCC 115