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Nitish Banka (lawyer)     07 April 2012

No claim on ancestral property for a minor

Facts

1.There is an ancestral property on father's name.

2.Father's has 2 sons.

3Father,Mother got decree of divorce and during the maintainence case settlement mother signed an agreement on behalf of minor children that in future niether mother and her two sons can claim on that ancestral property or file any suit.

4.Now two minors attained majority.

Question is can children who have attained majority can now file a suit for partion of property?what is the effect of mother's agreement on their children rights?Is it better to send notice to them that mother agreement will have no effect on their children as they were minor at that time?



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 April 2012

Mother's agreement does not bind them at all. They have a birth right in ancestral property - which nobody can deprive them of

Nitish Banka (lawyer)     07 April 2012

Thank u Bharat one question is that is there any limitation period for filing a partition suit....for the children

VISHNU YUVARAJ (STUDENT CO-ORDINATOR)     08 April 2012

Dear Nitish,

Minor does not gain any benefit under the contract. Such a contract is not binding on the minor.

It is to be filed within 3 years after attaining majority.

adv. rajeev ( rajoo ) (practicing advocate)     08 April 2012

mother cannot execute any agreement on behalf of minor's to dispose of their share.  If it was for the benefit of the minors and if she has got court order then she could have done it, but here nothing so after attaining the mjaority within 3 years minors can claim their share.

Krish Narayan (Advocate)     08 April 2012

At the time settlement minor must have been given sufficient maintenance to the full and final satisfaction.


Mother must have filed a petition seeking permission of the court to enter into compromise on her bahalf and on behalf of the minors and which must have been allowed by the court.

R.Ranganathan (Director)     09 April 2012

First go through the decree passed by the court and the settlement memo filed in court. If it is done through court then nothing can be done. Otherwise these type of things will just create unending litigations and no one will enter into a settlement in family disputes. 


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