One of the son is judge

Gaurav (NA) 24 February 2021

no one is above the law, due procedure and law will be emulated, daughters have equal rights in the property.
designation or status has nothing to with this case.

jayanthi suresh 24 February 2021

yes a civil case can be filed against the son

gulshan verma 24 February 2021

Daughters have equal share in father's self earned property.& wife also .you can filed legal case against the judge.

Abdul Rasheed 24 February 2021

Daughters has equal rights in fathers own property.

Ayush Srivastava (Advocate/Attorney/Solicitor) 24 February 2021

Hey Peadeep,

I would like to inform you, it doesn't matter if the son is the sitting judge, the remaining members of the family i.e. Mother, Son and 2 daughters have equal right on father's property in absence of the will. There are supreme court judgements following the same.

The property can be equally divided amongst the 4 remaining family members, and there is no limitation towards it in the absence of the will.

Also, just FYI, if the sitting judge has already taken the possesion of the property then tma civil suit claiming the distribution of the dather's property can be filed by the legal heirs.

All the best.

Deepak Chandoliya 24 February 2021

Yes. law is to be equally applied on all citizens of India in any civil or criminal matter. You can definitely file a suit.

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Shyam Choudhary 24 February 2021

position post dosnot came in way of law of heritence a suit always maintinable

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Advocate Hari Viswanath 24 February 2021

The status/ Designation of a person is irrelevant because no one is above the law every one should be treated eqully as per art 14 of the Indian constitution. you can file a partition suit in case of rejection by him.

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Preity Kashyap 24 February 2021

Yes you can file a Civil Suit against that judge . There is no specific provision which barred to file a case against a judge . Moreover if there is a Will pertaining to that property then that Will can also be challenged in concerning District Court where Property is situated. In the nutshell the daughters have two remedies :-
1.if there is Will then they can challenge it before District Court .
2. if there is no Will then they can file Civil Suit for getting their share in respective property.

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Kailash Chandra Shukla 24 February 2021

will is no matter, the whole property will divide in four equal share ,yes case can be file against a working judge , his post is no matter like a civilian

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Vandan Kumar 24 February 2021

If the self earned property is left behind without will by Intested then the property will be divisible to All four legal heir irrespective of his social or professional position.

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Raghav Arora 24 February 2021

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1 Like

Pradeep (na) 25 February 2021

Thank you very much Ayush'ji, I forgot to mention that son has taken possession w/o informing sisters. But sisters are quite as he is looking after mother, sisters have no issue son taking mom's share (if needed) . Thanks for your REPLY !!

Dr J C Vashista (Advocate) 25 February 2021

Be clear what is the actual requirement in your case.

However, intestate property of deceased shall devolve upon his/ her surviving members as per their personal law, which do not matter/ affect whether one of them is a sitting judge.