Ratification of Minors
THANKACHAN V P
(Querist) 15 July 2011
This query is : Resolved
Dear friends a partition deed was executed in the year 1960. At time of execution some of the parties were minors.All of them attained majority by 1985.Now one of executants has approached bank for loan.
The question is that whether we should obtain ratification from the executants who were minors at the time of Partition.Some of my friends say that we should obtain ratification as there is chance for challenging the partition even if 25 years has elapsed after they attained majority.
Raj Kumar Makkad
(Expert) 15 July 2011
There are no chance to disturb settled position at this belated stage. Partition proceedings become final on the entry of specific mutation and change of possesion accordingly which had become in 1960 viz. more than 50 years ago.
It is also strange that majority age has also been enhanced. Suppose any child took birth in 1960 itself on the same day of partition then he must have attained majority in the year 1978 and not in 1985. What was doing such 'Shurveer' since 1978 up to date?
R.Ramachandran
(Expert) 15 July 2011
Dear Thankachan,
Your friends have not advised you properly. Rather, it only betrays their half-knowledge.
As rightly pointed out by Mr. Makkad, the partition executed in 1960 cannot be disturbed at this belated stage. Moreover, there is absolutely no need for seeking any ratification by the minors.
THANKACHAN V P
(Querist) 15 July 2011
Dear friends 1985 is a typing error it is 1975.Here in Kerala some Banks are still insisting for ratification from those who were minors at the time of execution of document.I invite your attention to the recent ruling of honorable SC in 2011 KLT SN 97 (C No 119) in connection with S.101 evidence says that'When a person after attaining majority ,questions the any sale of his property by his guardian during his minority ,the burden lies on person who upholds/asserts the purchase not only to show that guardian had power to sell but further that the whole transaction was bona fide,'.The above suit was filed after 31 years of the execution document.I doubt whether the above ruling is applicable in partition case also?
