Minors right to challenge a partition deed
Jovy
(Querist) 12 August 2014
This query is : Resolved
This is with regard to a property owned by Mr.A and Mr.B.On death of Mr.A the property rights of Mr.A had devolved upon his legal heirs.So the property was jointly owned by all legal heirs of Mr.A,(which includes his wife and two minor daughters aged 16 and 10)and Mr.B.Subsequently, all of them jointly executed a partition deed in 2014,wherein the minors where represented by their natural guardian, mother.In the partition a larger extent of property was set apart as Mr.B's share.My clarification is
1.As a minor has the right to ratify a transaction likewise, whether a minor on obtaining majority can challenge the partition stating that they enjoy substantial right over Mr.B's share also.
2.If such right to challenge exist, can be imply that minors interest exist in Mr.B property till the limitation period of three years expires.
Devajyoti Barman
(Expert) 12 August 2014
who are you and how are you connected with this query?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 August 2014
Minor will have equal right of A n B share. He is exclusive beneficiary of his share n attributed to his benefit till he becomes mejor n limition period is not attracted
