Minor filed suit for partition maternal grand father as guardian

sujeet patil (Querist) 03 July 2013 This query is : Resolved
Sir,
My children (guardian my wife father)has filed suit for partition against me and my parents. My wife is no more.So, whether it is valid as natural guardian me is alive.

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Raj Kumar Makkad (Expert) 03 July 2013
If court has appointed your father in law as guardian of your minor son then the petition is valid.

sujeet patil (Querist) 03 July 2013
No Sir not appointed

Raj Kumar Makkad (Expert) 03 July 2013
If he is not appointed as legal guardian then such case is not maintainable and you need to file an application under order 7 Rule 11 read with section 151 of CPC even without filing your written statement and get the case dismissed.

Rajendra K Goyal (Expert) 04 July 2013
Natural Guardian is either of the parents and other are appointed by the court. Agree with the views of experts.

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