Supreme Court Holds That Ratification by Co-Owner Extends Limitation and Entitles Specific Performance of Agreement to Sell

Case Name: Muslimveetil Chalakkal Ahammed Haji v. Sakeena Beevi
Citation: 2026 INSC 35
Date of Judgment/Order: 07 January 2026
Bench: Justice Vikram Nath and Justice Sandeep Mehta

Held: The Supreme Court held that an unequivocal affidavit executed by a co-owner ratifying the acts of a power of attorney holder and consenting to transfer of her share constitutes a valid ratification which both binds the co-owner and determines the starting point of limitation, thereby entitling the purchaser to specific performance upon proof of readiness and willingness.

Summary: The dispute arose from a suit for specific performance of an agreement to sell a large parcel of land on which a higher secondary school was being run, where one co-owner refused to execute the sale deed despite the other co-owners conveying their shares. The Trial Court and High Court dismissed the suit on grounds of limitation and lack of readiness and willingness. The Supreme Court examined the agreement, extensions, payments, and a crucial affidavit executed by the respondent-co-owner expressly ratifying the power of attorney holder’s acts and conveying no-objection to transfer. The Court found that the respondent neither disputed the affidavit nor entered the witness box, and that the ratification fixed limitation from the date of the affidavit, rendering the suit within time and the purchaser continuously ready and willing.

Decision: The appeals were allowed, the judgments of the Trial Court and High Court were set aside, and specific performance was decreed directing conveyance of the respondent’s 1/11th share on determination and deposit of balance consideration with interest, consequentially setting aside interim arrangements relating to school management, with all pending applications disposed of.