PARTITION OF PROPERTY

Querist : Anonymous (Querist) 27 January 2011 This query is : Resolved
an ancesstral property needs to be partitioned among legal heirs. No dispute as to title or possession. however one of the beneficiaries has expired and the share would not devolve on the minors. Can partition be still held as one of the beneficiaries is now a minor.

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Devajyoti Barman (Expert) 27 January 2011
Yes the miinors can always inherit the property and they can become beneiciary of any contract as well. In your suit for parttion the minors must be added as a party but they will have to be represented by their natural guardian.

Parveen Kr. Aggarwal (Expert) 27 January 2011
Yes. Partition can still be got effected. In the suit for partition, the minors will be represented by some major person as their next friend.

Querist : Anonymous (Querist) 28 January 2011
if the settlement arrives, would money go to minor's account as their share or to the father (guardian) as mother is not there

Parveen Kr. Aggarwal (Expert) 28 January 2011
The property belonging to minors cannot be alienated or transferred without the permission of the court. However, if the property is money, it can be deposited in the bank account of minors which can be opened under guardianship of some major person.

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