Partition suit by minor
SRINIVAS KOTAMMRRI
(Querist) 29 December 2015
This query is : Resolved
My father is having an ancestral house. My self and my wife is living separately for the last 6 years. My wife filed partition suit on behalf of my minor son for 50% of my share in the ancestral house. My share in the ancestral property amounts to Rs.8,00,000. She is claiming 50 % of 8 Lakhs i.e. Rs.4 Lakhs.
I have taken loan Rs.5,00,000/- in the year 2009 from my father when my self along with my son lived together. My question is does my father can deduct Rs.5,00,000/- from my total share of Rs.8,00,000/- and can give 50 % of the remaining (i.e.50 % of Rs.3,00,000/-)share to my son or not.
Please clarify
SRIDHAR
Sir,
My grand father purchased the above house. Hence I called it's as ancestral.
Thanks
SRIDHAR
M/s. Y-not legal services
(Expert) 29 December 2015
How your son is entitled to get equal share, like that he is responsible to the debt also. If the debt is genuine mean..
Devajyoti Barman
(Expert) 29 December 2015
If the money was expended towards procuring or redeveloping the property then only the amount would be deducted. otherwise your loan amount has nothing to do in share of your son.
Adv. Yogen Kakade
(Expert) 29 December 2015
Did you execute any document about the said loan transaction? what was the purpose of the loan? Was the loan taken by your father against the same property?
Rajendra K Goyal
(Expert) 29 December 2015
Circle rate of property can be considered for valuation.
Loan has nothing to do with the share of son if not for redevelopment of the property.
alexander
(Expert) 30 December 2015
Father is the natural guardian of a minor hindu child and after him it is the mother. In what capacity is the mother filing the suit - . what is the sanctity of the 'next friend' when the father who is the natural guardian is alive.
A guardian shall not act in detriment to the estate of the minor. he cannot alienate/ speculate etc etc, with the estate of the minor child as if it was his own property
3.the natural guardian has no right to bind the minor with his personal agreements, contracts etc.
4. your loan of rs 500000=00 is your entire liability and responsibility.
5. Any meddling done without the court's permission in the estate of the minor shall become void if the minor repudiates it on attainment of the majority.
6 consult your local advocate
Dr J C Vashista
(Expert) 02 January 2016
1. Since the property is ancestral hence your son has also a right in the property.
2. Your son is not liable for any loan taken by you.
3 You are required to protect interest of your son. Contest it tooth and nail.
4. Consult your lawyer for proper guidance and proceeding.
Best wishes
Anirudh
(Expert) 02 January 2016
It is not clear on what basis the querist says that the property is ANCESTRAL.
He has to come up with details like
who first purchased the property and in which year;
How his father got the property; from whom and in which year.
Without these particulars, it may not be possible to say whether or not the property is ANCESTRAL.
I know for certain that there is utter confusion in the minds of many querists in regard to ANCESTRAL property.
T. Kalaiselvan, Advocate
(Expert) 04 January 2016
I agree with the views of expert Mr. Anirudh. Even in my opinion this property may not fall within the ambit of 'ancestral'.
It was your grandfather's self acquired property which was inherited by your father as his share, now the property is your father's own property and until he gives you a share, it cannot be your property too. Even if you get a share in it, your son is not entitled to claim a share in it whether during his minority or after attaining majority.
Your wife's suit may not be maintainable on the basis of information provided by you.
alexander
(Expert) 05 January 2016
How many children did your Grand Father have. Did the property ever undergo partition after the demise of your grand father or even during his life time.. In whose name the said property stands registered now
