Lavanya 01 March 2018

Partition deed among father and minor children & can father transfer the property to his name from his minor son

Dear Sir/Madam If a father made partition deed among his son(of age 19),daughter(of age 12),with his second wife, second wife's daughter (of age 1 yr) with the compulsion of second wife, will bind the son's son who born after 18 years of the partition?. and i have another doubt. if a father can transfer the property bought in the name of minor son to his name.(i.e can minor son's property be transferred to father's name?).Pl give advice.

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 01 March 2018

Partition is bindng. Father cannot get trasfer the minor's property in his name without the dist., court permission

Kumar Doab (FIN) 02 March 2018

Which personal law applies in this case say; Hindu? Or all involved are Hindu?

The said property of father was self earned/acquired/HUF/ ancestral?

The said property partition deed was registered?

The father married 2nd lady (wife) during subsistence of 1st marriage? Or when 1st wife was alive?

The 1st marriage was duly solemnized as per applicable ceremonies and/or was it registered?

The 2nd marriage was duly solemnized as per applicable ceremonies and/or was it registered?

Was the minor’s property transferred to father with permission of court? If yes what was the recital of legal necessity?

Kumar Doab (FIN) 02 March 2018

Generically speaking; Minor cannot sign on any deed that is signed to alienate the title or transfer of immovable property! Hence It may not be possible to transfer minor’s property during the time he/she was minor to father until or unless court has permitted.

You may also go thru;

https://www.lawyersclubindia.com/forum/Property-to-sale-after-wife-death-160394.asp

and pick up relevant points..