hindu law

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved
Dear Experts

weather a minor can clam partition in the property inherited to his father through his grandfather,died in the year 1996 and the minor born in the year 1993. The father of minor has 2 brothers, 1 sister and mother alive and they have prepared a mutual partition and got it registered in the year 2000.

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Pritam Saini, Advocate (Expert) 27 December 2010
yes minor can seek partition through his guardian/mother and can chellege partition qua his share in step of his father

s.subramanian (Expert) 27 December 2010
Yes. The minor is entitled to claim partition.

Devajyoti Barman (Expert) 27 December 2010
Yes I agree.

Kirti Kar Tripathi (Expert) 28 December 2010
I also agree. he can claim through his guardian.

Gulshan Tanwar (Expert) 28 December 2010
The appointment of the Guardian and then the Guardian can seek the partition on the behalf of the minor as in the suit for partition, the very defence will be available to the defendants will be that the Guardian has interest in the property of the minor and for avoiding delay either wait for one year that is till the majority or go for appointment first.

There are many other ways to do the same. even after attaining majority, he has three more years to challenge the partition or to seek partition.