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Mugundhan B   22 August 2021

Partition Query

Ten years back my father's elder brother died.We partitioned the property equally(Documented) and gave it to his wife and minor daughter through registration deed.Since his daughter was a minor we couldn't get her sign on the partition deed.But in the deed we have clearly mentioned the partition is for both of them and her mother also agreed for it and signed on behalf of her daughter.Now the minor had filed a case on us saying that we fooled her.What should we do now?
We have everything about the partition documented with the mother's sign in it.


Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     23 August 2021

When a case has been filed, you have no alternative other than defending yourself through a competent advocate,  against such a suit in a court of law..  No meaning full guidance can be given unless the capacity of all those shareholders as per partition deed and the elders in whose presence it is settled is known..  The chance of her winning the case is highly improbable.  The mother is legal guardian for a daughter when she is not competent to take individual discussions when she is a minor, and her signature as legal guardian of minor is proper in law.

P. Venu (Advocate)     23 August 2021

"Ten years back my father's elder brother died. We partitioned the property equally(Documented) and gave it to his wife and minor daughter through registration deed."

The above statement is confusing or if not misleading. On the death of the father's elder brother the property gets devolved upon the legal heirs viz. the wife and the minor daughter. How come third persons have partitioned that property? 

Certainly, you have not posted the complete facts. Please post complete facts. 

Dr J C Vashista (Advocate)     23 August 2021

Contest the case filed by your nice through a local prudent lawyer.


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