Which statement is correct about a bona fide family settlement involving a minor in a Hindu…
A bona fide settlement in a Hindu joint-family partition suit can bind a minor who is properly represented when the court approves the compromise for the minor’s benefit.…
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Which statement is correct about a bona fide family settlement involving a minor in a Hindu joint-family partition suit?
Answer and explanation
Correct answer A
A bona fide settlement in a Hindu joint-family partition suit can bind a minor who is properly represented when the court approves the compromise for the minor’s benefit. Order XXXII rule 7 of the Code of Civil Procedure, 1908 requires the court’s leave to be expressly recorded.
The consent of adults cannot replace representation and court approval. A person who benefits from the minor giving up a share has a conflict of interest in representing the minor.
Option feedback
Option A
The duly represented minor can be bound by the court-approved compromise.
Option B
Adult consent does not dispense with the safeguards protecting the minor.
Option C
A representative with an adverse interest cannot supply proper representation.
Option D
The court may approve a compromise for the minor during minority.
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