LAW FOR ALL

Partition suit - father died - leaving behind him his two sons and wife and daughters - Notional partition of 1/3rd share between deceased father and his two sons each - yongest daughter filed suit for partition of 1/3rd share as per Hindu Succession Act - Sons pleaded that plaintiff and other sisters have executed a relinquishement deed and as such not entiled for share - for plaintiff behalf her mother as Guardian executed released deed also - Suit was dimissed as released deed was not cancelled - High court reversed the same stating that Mother can not execute a relinquishment/release deed for his minor daughter and is void abintion - Apex court held that once the partition was taken place and release and relinquishment deeds are executd and the property in possession of sons - after partition - the mother is the guardian of minor plaintiff and as such the relinquishment deed is voidable but not void abintio - the plaintiff not cancelled the same and set aside the order of High court and confirm the order of trial court.