He can give POA. Further, minor could have challenged the partition within 3 years on becoming major. If he has passed 21years of age, partition has become final.

Also, it was grand mother property, so she was free to give her property to anyone. Signature of minor mother had no say in partition.

Neither minor had any share at that time in the life time of grand mother.

1. Yes , the mother can not relinquish share of her minor sin without the permission from court of wards. 

2. So the said deed of release is voidable contract at the option of the minor son.

3. Now the option is to take permission from court or to get a deed registered by the person who has attained majority now.

4. On the basis of POA in favour of any if you the said deed of release can be registered now in India in his absence. 

It's important to give share to him now if you have reaped the profit of that property. Actually when minor is involved you need courts permission to deal with property matters

The minor person who has become a major now by age, can execute a registered ratification deed ratifying the partition deed draw during the time of his minority and signed by his mother on his behalf.

He can give a POA deed to any close relatives back in India to execute the same on his behalf before the concerned sub registrar in India.

If he is consenting you can take any decision. 

No it's not valid you need to get a registered partition deed or other document of settlement. If you are ik kuwait it needs to be attested in embassy or consulate and then registered in India. 

No bank will accept it without registration

Is this a partition deed or settlement deed ?

Well, your title is secure now. No issues.

Wife can take decision in the interest of child  but now child claim is also waived.

Child and mother can give NOC but it is  not required.

Take the NoC from child and attested by Indian embassy or from notory from Kuwait, if bank ok with it.

Use it temporarily and give an understanding that once covid situation over, will provide notorise NOC.

He could have challege it till 22 years of age. Now barred by limitstion.

3 years on becoming major.

Who actually owned this property? If it was of grand mother self acquired property than child father never had share and grand mother was free to give her property to any. Mother noc was not required.

He can file for cancellation of partition deed with in three years.

And to file a civil partition suit, there is a limitation of 3 years from the date when the right to sue accrues that also passed after 21 year of age.

Yes he can file a case against you as he was minor. Yes he gets major at 21. The limitation to file the case will start as per his knowledge when he got to know the same

He can execute POA in favour of mother for execution of relinquishment deed 

2) POA should be attested before Indian consulate 

3) on basis of POA mother can execute relinquishment deed for his share in property 

Mere NOC is not sufficient 

relinquishment deed should be executed duly stamped and registered 

Suit for claiming share ought to have been filed within period of 3 years of attaining majority 

Minor ought to within 3 years of attaining majority ought to file suit to claim share in property 

The legal fact is that the son, even after three years of becoming major by age,  has not claimed his share in the property hence it is barred by limitation, therefore no claim from him at this stage is maintainable in law.

You said that many people have already constructed houses in their plots 

Well,  there's no legal infirmity in it. 

Their bankers might have utilized their discretionary powers to sanction the home loan. 

You cannot pressurize your banker to sanction loan against the advice of their empaneled advocate. The Indian stamp paper cannot be used for execution of any deed outside the country. 

Hence he can execute a NOC from his current country of residence on a plain paper. Whether he will be able to go outside his home to get it notarized in the current situation is his problem,  you should not be worried about it. 

Even though the husband died and the minor child shall be under the custody of mother,  she do not have rights to forego the son's rights in the property during his minority. 

Generally and as per law the rights in the property can be claimed by the son within three years from the date of becoming major or from the date of his knowledge. If he claims that he came to know about his rights in the property recently then it will not be affected by the law of limitation. 

You are partially correct. 

For the other part of the answer you may go through the answers given in my previous post on this thread. 

Get a power of attorney and release deed from him duly endorsed by embassy of the respective country and get it registered in india. He ought to have filed within 3 years from attaining majority.

Regards 

G.Rajaganapathy

High Court of Madras

he can execute POA in favor of any relatives through indian consulate. 

Successor should release his share through release deed or Relinqushment  deed. it should be duly stamped and registered. 

if the suit has not been filed within three years from the date of the minor attaining majority then the suit is barred by limitations.

Suit has to be ordinarily filed within period of 3 years of attaining majority 

if minor was ignorant of partition he can file suit within period of 3 years of such knowledge 

Yes he can file the same that's why the people approach court seeking permission for buying the said property if minor is involved

Bank lawyer dose not know law. Provide him copy of judgement Supreme court.

Law it clear that to impeach the transfer of immovable property by the guardian, the minor must file the suit within the prescribed period of three years after attaining majority.

For bank loan minor heir relinqushment deed/release deed required. 

he must execute release his share  to avoid future litigation/challanges. bank will not take any risk. 

Yes it is correct 

The bank lawyer is correct in his opinion.

This information was confirmed by me in one of my earlier posts, yo may go through my posts in this regard.

Thus if you require loan from bank then yu may have to bide by the prescribed procedures of law in this regard.

You were advised of necessary course of action to be undertaken in this regard, if you still have doubt you may consult an advocate in the local or any advocate of this forum on all such further issues.

- If the said deceased person was a party of the partition by the grandmother , then his share would be devolved upon his legal heirs i.e. his wife , and children . 

1. No , The mother i.e. his wife can relinquish her share but not a minor son without getting court order . Hence after becoming major , the permission the said minor needed legally . 

2. No, she cannot sign on behalf of her son , but after taking SPA/POA from the said son , she can sign on his behalf 3. Yes , it can be valid if the bankers requirement fulfilled by doing so. Otherwise reply No.2 will be applied. 

4. If he unable to noterize , then you should discuss the bank official to accept the his declaration with identity proof. 

- After becoming major , within 3 years he can file suit . 
- Yes, he can file on the ground of knowledge , but it is not maintainable with proving the same . Actually bank want 
to be sure , that in future there cannot be any challenge in the property mortgaged. 

1. Now the solution for this problem is that you should ask that person to send a POA in your favour for execution of release deed for releasing his share from property which was done as per partition deed. 

2. Yes he can file case for partition to claim his share from property.

3. Yes bank's advocate is right that person can file case within 10 years of attaining majority. 

1. As per the information mentioned in the present query, makes it clear that the property was relinquished by the lady of the then minor child.
2. I would like to apprise you that this is very right to say that the then minor and now being the major has the right in the property.
3. But, it is also very right to say that he may not be able to get any relief from the court of law as her mother have the valid consent on the behalf of the son which is also considered to be valid making som has no right now to claim in present time.

He may sign and attest a relinquishment deed wherever he is and that would be sufficient.

He could have raised an objection once he turned major but now he cannot. Anyways he is not interested in keeping the property and hence thwre is no problem.

A notarised affidavit must be made in India sent to kuwait and he may sign it and return it back. She signed it is no problem.

Yeah he could have filed the case but now it is too late.

Anyways make an affidavit in India and send it.

Yes that is true. He may take the plea of ignorance. Therefore it is necessary that he signs a relinquishment deed.