Rajesh Builders v Sumitra Gandhi

A suit for specific performance involving a conflict because the father and the mother exercised powers separately over their child's property. The wife of a divorced marriage is granted custody of the minor child, and the husband has visiting rights. The child owns a house inherited from another relative. For the benefit of the child, the wife as guardian contracts to sell the house to X, and agrees to obtain the court’s permission required by law. She purchases two flats in the child’s name from the advance (half) purchase amount received from X. The husband also, as guardian, contracts to sell the house to Y, and agrees to obtain court’s permission required by law, and receives 60 % of price agreed with Y. The child dies. X files civil suit against the wife, the husband and Y for declaration and specific performance. The suit is contested between X and Y because the wife admits the claim of X, and the husband does not appear in the proceeding. Click or copy this link for the case: https://obiterdictadotin.files.wordpress.com/2019/06/rajesh-builders-v-sumitra-gandhi.pdf