filing of partition suit without joining all minor paryies.
surjit singh
(Querist) 21 June 2015
This query is : Resolved
My father is 76 and till date there is no partition between the brothers of my father. There are all three brothers and two sister, all are above 80. Now all together major and minor members around 68 out of which 26 are major and 42 are minor in some are less than 5 years of age.
My question is can the partition suit be filed without making the minor parties, but it be mentioned in the suit that there are such and such minors but due to brevity they have not been made parties but all the biological as well legal guardians are made parties.
Advocate M.Bhadra
(Expert) 21 June 2015
Partition will be amongst co-sharer of your father i.e. uncle and aunt. So, there is no question of minor and other members of the family. Amicable settlement and registered partition deed is best option, failing which your father can file a partition suit in civil court for a court order for decree of partition.
surjit singh
(Querist) 22 June 2015
If the other parties takes the plea of non joinder of parties.
Dr J C Vashista
(Expert) 24 June 2015
Incomplete information.
It is to be analysed who is seeking partition, i.e., whether your father/ his brothers/sisters or next generation(s). If it is between your father and his brother/sister(s) no need to implead other coparceners.
surjit singh
(Querist) 25 June 2015
My father wants to seek partition.
SUBRAMANIAN C R
(Expert) 28 June 2015
Agree with Dr. Vashista. The query is incomplete. Is it ancestral property ? If so the minors will have to be made parties, if they are coparceners. Safe to get a compromise Partition Decree passed through Court after impleading the minors and court guardians appointed for them. If really minors have subsisting rights and if you effect a partition without their junction , the title of allottees will be defective in future. The question revolves round whether minors have subsisting rights or not. Whether as co parceners or as legal heirs of coowners.
surjit singh
(Querist) 30 June 2015
As said above 68 minors are there in the families. Is not there right will flow only when the share of my uncle are defined. Even from our side there are 6 major and 6 minors. In the proposed partition suit we want to make our father as only plaintiff claiming partition against his brother.
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surjit singh
(Querist) 09 July 2015
I am told we will have to give advocate fee for those minors whom we will make parties. The parents of the minor are alive.
