To file a suit for partition no prior approval of court is required.
If it is among you and your children only then a deed of HUF is enough.
I wish to partition my late father's HUF that has a property asset (one land and house). If I myself have minor children, is any special court approval needed in order to execute the partition? If yes, then what kind of approval is this, how long would it typically take, and would any in-person appearance be required by me or my children if we are NRIs?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
To file a suit for partition no prior approval of court is required.
If it is among you and your children only then a deed of HUF is enough.
My understanding is that in case of any minor coparceners the a petition must be filed for the court to appoint a guardian to give consent on behalf of minors. Is this not the case if those minor coparceners are my children?
If it is a HUF property then you can file a suit for partition for your share in that property.
If you are not available in India to conduct the case, you can execute a power of attorney deed in favor of any close relative back in India to perform this task on your behalf.
Your minor children will not come into picture so soon.
They will have rights for a share out of your share in the property.
The minor coparceners are your children and they are entitled to their share out of your share in the property and not from the other's share in the property.
You can fight in the court and obtain your share ion the property after which you can allocate their shares as per law.
No court permission not necessary to execute deed of dissolution of HUF
you are guardian of your minor children and give consent on behalf of your children
You don t have to file petition in court for dissolution of HUF
The courts permission will be required only in case of transaction with regard to the disposal, such as mortgage or charge or transfer by sale,gift,exchange or otherwise, any part of the immovable property of the minor.
1. For partition of your deceased father's HUF property, there's no need to obtain approval from the Court as your children are minor and are coparceners. In the instant case, you are the natural guardian to your children.
2. If you intend to sell the property only, which has minors' interest, the competent Court's permission is required.
the father is the natural guardian of the minor children
so no additional or special permission of the court is required as regards the share of the minor in the HUF property
the share of the minor will be allotted to his natural guardian who will have to hold it in trust till the time the minor turns major
had there been no natural guardian like parents, then only in such cases the court's permission would be required for appointing a proper guardian of the minor in respect of his person or property or both
. The only way a HUF can be dissolved is by a partition, and all members should agree to dissolve the HUF.
- Further, under a partition, each member has an equal right to the assets/property owned by an HUF, and it cannot be sold without having each member of the family on board, and even an unborn child, who is still in the womb of its mother, has a right to the property , however it is not necessary to divide the properties in metes and bounds
- Further, under the Hindu succession law, the term coparcener denotes a person, who assumes a legal right in his ancestral property by birth in an HUF.
- Further, HUF can be dissolved by executing partition deed among all the members. The property of HUF should be divided equally amongst the HUF coparceners in accordance with the Hindu Succession Act.
- However, in the context of an HUF, a coparcener is a person who acquires right in the ancestral property by birth, and hence a minor is also having right to claim share in the property upon partition.
- Further, as per law, if a property is held for the benefit of the minor, then the karta can sell the property only for legal necessities or for the benefit of the minor.
Nops.
You are free to partition. After death of Karta ( head of HUF), next male member becomes KARTA and he eligible to partition the HUF.
Dear client,
In case of minors being coparceners, the partition can be effected only with the prior approval of the court, as minors cannot give their consent on their own. A petition must be filed in the competent court for obtaining the approval of the partition.
As you are an NRI and your children are minors, the process of obtaining the approval may take a longer time than usual. You may need to engage a local lawyer in India to file the petition on your behalf and represent you in court. However, it is advisable to consult a local lawyer in India for more specific advice on the process of obtaining court approval and the requirements for an NRI to appear in court.