Fernando vs Fernando and Others – sllr 2004 volume 3 page 001

In the case between the Plaintiff/Petitioner (a minor at the time of the transaction) and the Defendant/Respondents (including her parents and a bank), the court addressed whether a deed of transfer executed by a minor is void prima facie and whether subsequent conduct by the petitioner could constitute ratification of such a transfer. It was held that a property transfer executed by a minor is void on its face, and that continued residence with her parents or inaction does not constitute ratification. The District Court’s presumption of fraud based solely on shared residence and without sufficient evidentiary foundation was found contrary to legal and factual standards. The prior order was set aside, the appeal allowed, and an interim injunction was granted, reaffirming the established pr

REF: sllr 2004 volume 3 page 001 Category: Tag:
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