VivekMukherjee (Research) 22 November 2010

Partition of Ancestral Dwelling House

Sir,

Please let me know if a married lady can file a suit for partition of dwelling house of her maternal grandfather? The specific facts are : A hindu gentleman (Mr A) died intestate sometime during 1963, leaving son and married daughter. The son subsequently passed away and the house is currently occupied by his successors (Widow and son). Questions are

a) Can the married daughter of the married daughter of Mr A, file a suit for partitioning the house (after or before her mother's death)?

Also is it correct that the married daughter of Mr A file a suit for partitionining the house ? She was married sometime in or around 1961

Regards

Vivek

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3 Replies

SACHIN AGARWAL (ADVOCATE) 26 November 2010

The married daughter of Mr. A can file a suit for partition under the amended law and after her death, her daughter can file the suit.

Viswanath (Student) 27 November 2010

Married daughter of A alone can file a suit now for partition and after her, her daughter can file a suit.

VivekMukherjee (Research) 29 November 2010

Thank you both Sachin and Vishwanath. One question - the ammended provision recongnises female members governed by Mitakshara as having equal coparceory rights similar to a male member (including right to claim partition) My questions

a) How can marrried daughter of married daughter of Mr A get this right? She will no doubt be entitled to a portion of sale proceeds realised from the property after it is sold, but can she enforce a partition? IN other words is a married lady a coparcenor in her maternal grandfather's property? And by this way her son should also get this right! (Right to claim partition of mother's maternal grandfather's house) and so on!

b) What is the provision in case the famility is governed by Dayabhag law (West Bengal / Assam)?

Thanks

Vivek