• Partition deed of Agricultural land via Guardian

There is an AGRICULTURAL land in Uttar Pradesh in the name of 8 co-owners.  
All the co-owners are not family members. Out of 8 co-owners, 3 are minors and one is their mother. Rest co-owners are not family members. 

Minors are both male and female. The minors and their mother got this property jointly in their name as their father expired without a will (intestate). Their father had actually purchased the property along with the remaining co-owners some 5-6 years back. 

Now all the co-owners are ready for partition of AGRICULTURAL land by mutual understanding.

Can a guardian (mother) sign a partition deed on the behalf of her minor children for the Agricultural land WITHOUT taking permission from court ?

Is Partition considered a Transfer of Property?
I have referred to Hindu minority and Guardianship act 1956 Section 8 and 12 along with Guardian and Wards act, but could infer the conclusion and I want to add that I am NOT a law professional.
Asked 4 years ago in Property Law from Moradabad, Uttar Pradesh
she will have to take permission from court and once partition individual holder will become owner
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

Partition is division of property held jointly by Co-Owners. When a property is divided each member becomes the sole Owner of his portion of the property.partition is a combination of release and transfer of certain rights in the estate partition is not transfer, but transformation of joint property.

obtain court permission before carrying out any partition of property as in case partition is unequal minor can on attaining majority always challenge the same
Ajay Sethi
Advocate, Mumbai
46856 Answers
2772 Consultations

5.0 on 5.0

Partition is not a transfer of property. A partition severs the joint status of the property held jointly by the co-owners. 

What does the sale deed say? Has any embargo been placed on the right of mother to sell the property belonging to her minor children? It can throw a lot of light on this. The provisions that you have mentioned cannot be imported and applied stricto sensu.
Ashish Davessar
Advocate, Jaipur
23173 Answers
641 Consultations

5.0 on 5.0

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