partition suit
ram nath tandon
(Querist) 25 December 2012
This query is : Resolved
i have a property in uttar pradesh which is in the name of my grand grand father and undivided from 1950.from 1994 a partition suit is pending in this property.this property is undivided from 1950 and i am the fourth generation which is fighting this case. in this case after 16 years of filing the case my father's sisters are seeking property rights.i have objection because i am fighting this suit from a long time and this is very old property of my forefathers.Can any one tell me how can i deny to give property rights to my father's sisters.property is in my home district which is almosr 400 km. distance from my present address and i am fightin this suit from 16 years and now my father's sisters are disturbing this case after so long period.can any onehelp me?
Nadeem Qureshi
(Expert) 26 December 2012
Dear Querist
you can not deny her rights in the property marely that you are fighting the case. ahe has right to get her share.
Anirudh
(Expert) 26 December 2012
If it is an ancestral property (which is a joint family property), on filing of a suit for partition, the severance of HUF status takes place, the shares of each of the coparcenars gets determined. In effect partition takes place. What remains is the division by metes and bounds. At the relevant point of time when the suit for partition was filed (year 1994), the daughters of the family were not co-parceners. Therefore, they are not entitled to any share in the partition of ancestral property.
