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deepika ka   02 December 2023

Minor's share in property

In 2003, after my grandfather passed away intestate, his property was partitioned among my father and grandfather's brothers via a partition deed. My father had to do it under constant harassment from my grandfather's brothers and their sons (my father's cousins). The partition too was very unfair as my father got only 1/10th of the property.  My father's cousins are now getting more greedy and want to take over our share too. We are planning to file an injunction. Along with this, our lawyer is advising us (my brother and I who were minors during partition) to go on the offensive and question the partition deed itself. He says that as my father very recently shared the partition deed with us, limitation will not apply. Also, my father can simply give in writing that it was under harassment and duress that he had to sign the partition. So can we file a suit and question the partition deed itself as we were minors then and court orders were not obtained to protect our share?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     03 December 2023

Your lawyer's advise do not appear to be correct.\

This is not ancestral property hence there is no necessity to take the consent of the minor children by your father while partitioning his father's properties. 

The proposed suit is not maintainable or tenable in law.

Shashi Dhara   03 December 2023

You can file suit for partition  but it is your choice win or looose it never ends in court.

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