Kani 22 October 2021

Undivided property with minor interest

Facts- Father has expired and the property has been inherited by the mother, major daughter and minor son. The mother plans to obtain a housing loan against the said undivided property with minor's interest.

Can the major sister and mother, also being the natural guardian of the minor, mortgage the said undivided property for obtaining housing loan? Will the minor interest creat any hurdle in future?

Is is possible to apply for partition of undivided property with minor interest?

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Quick Summary

This discussion addresses the legalities of mortgaging an undivided property inherited by a mother, adult daughter, and minor son. The key question is whether the mother, as natural guardian, can mortgage the property for a housing loan, considering the minor's share. The advice provided states that court permission from the district court is essential to mortgage a minor's property. It also confirms that filing a suit for partition of the undivided property is possible.