Gauhati High Court upholds woman’s decades-long ownership after elder brother’s illegal sale
The Gauhati High Court dismissed an appeal and confirmed Tarubala Saha’s right to land bought in 1975, ruling that the elder brother could not sell the minors’ shares.
On August 24, 2026, the Gauhati High Court affirmed a lower-court decision favoring Tarubala Saha’s ownership of land she acquired on February 18, 1975. The property originally belonged to Yad Ali, whose son Nagar Ali sold it on behalf of himself and his four minor brothers and sisters. The court found that Muslim law does not permit an elder brother to act as guardian and sell minors’ shares without a court appointment, rendering the sale of four-fifths of the land invalid, but confirming the validity of Nagar Ali’s one-fifth share sold to Saha.
Saha’s continuous possession for roughly 30-33 years, supported by cultivators’ testimony, reinforced her claim. The defendants’ attempt to overturn the sale was dismissed as they failed to contest it within the legally prescribed period after reaching adulthood. Consequently, the appeal was rejected with costs, and Saha’s successors were recognized as entitled to retain the land.
Why it matters
It clarifies that under Muslim law an elder sibling cannot sell minors’ property without a court-appointed guardian.
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