neha kaura (analyst) 20 September 2013

Property

Hi,

Clarification is needed on the following case:

Post partition a land was alloted and was in the name of the youngest brother (3 brothers). However, the youngest brother was a minor then and was not allowed to legally have his name on the paper and the signatures weren't exactly his. Since then two of the brothers have been carrying out a business and since last 10 years they rented out the property. now the third brother wants a claim in the property. Is he allowed?

Also, can the brother who is the minor in this case claim the whole property to himself in future.

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 21 September 2013

The property allotted to a minor in a partition deed has been by his guardian until the minor attains majority. Once attained, the individual can very well take possession of land and in case if required he can also apply before the Revenue authorities for effecting the necessary changes

Advocate T Kalaiselvan, Vellore, Ph: +919443441062

neha kaura (analyst) 21 September 2013

Thanks for your response. However, by partition i mean when the land that was alloted immideately post independence and the signature isn't the gurdian's signature but attempt was made to copy the minor's signature and fake him as a major which resulted in a fake signature that is in reality nobody's signature.

Also, if the rent agreements have the name of two brothers. can it be used as a proof for claim.