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After father died, the property was sold by his children, will minor son get a share?
Question
My father made a will of some properties to his youngest daughter then after two years he made a partition in which he allocated the properties of the will to himself and the other properties given equally to his son and three daughters. He died two years later . The properties in the will was sold by his son and daughters while the youngest is a minor at the time. Whether the will is still valid to his youngest daughter?
Answer ( 1 )
Yes will is valid qua the minor daughter. The other children cannot sell the share of the minor daughter. They can sell the property by permission of court by submitting application alleging therein that its required for the welfare of the minor daughter. If they sold the share of minor then in attaining the age of majority the daughter can file a suit and challenging the sale deed.