A suit filed on behalf of a Hindu minor for partition of joint family properties does not, on the death of the minor during the pendency of the suit, abate, and may be continued by his legal representative and decree obtained therein if the court holds that the institution of suit was for the benefit of the minor.
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If the conduct of the adult coparceners, or the claim made by them is prejudicial to the interest of the minor, the court will readily presume that it is for his benefit to divide the estate. The maxim actio personalis moritur cum persona has application only when the action is one for damages for a personal wrong, and as a suit for partition is a suit for property, the rule has no application to it and the suit will not abate.
ADVERTISEMENTS:
Where the Karta entered into some transactions before the birth of the minor which adversely affected the interests of the minor a suit for partition on behalf of the minor on the basis of those transactions which were prejudicial to minor’s interest can be filed and such an action in seeking the partition would be for the benefit of the minors.