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Rajat (Proprietor)     25 August 2013

Kul kayda abuse

Ours is a Christian family. My mother is heir to equal share in ancestral property alongwith three brothers (total 4 heirs).  After her fathers death, the property is under the physical possession of her 3 brothers. Now a time has come to divide the property. My mother is dead and also one of her brother.The brothers who are living and the heirs of the brother who is dead, are saying that under the Kul Kayda, they are Kuls to the property and hence they are not going to give my mothers EQUAL share.

1) Is this the correct interpretation of the law?

2) Can an heir also be a Kul?

3)Does it not abuse the concept of Kul?

4) What recourse can we take.

Thanks and regards



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