Dispute in ancestral property
C.N.Ashok Kumar
(Querist) 08 September 2011
This query is : Resolved
A father has 7 sons and two daughters. The partition among him and his first 6 sons was done in 1952. All the properties he inherited from his father. After partition, 7th son and two daughters were born. He died in early 1960s.
His wife, 7th son and two daughters were holding the share (a house and 4 acres of land) of the father he got from the partition. His wife expired in 1980s. The two girls were married in 1970s and 1980s.
Now the 7th son is holding the fater's share. Also 6th son is holding a portion of the house for the last 30 years. Now the 2nd son has filed a suit in court and claim that he is having equal rights in father's share. My questions are:
a) Who are the people having the right in father's share? 7 sons and two daughters are having equal rights? Only 7th son is having full right? Only 7th son and two daughters are having equal rights? Is 6th son having any special privilege on the house since he is holding a portion for long time?
b) Second daughter have one son and one daughter. She left his husband and lived with the mother and 7th son. Then she left along with her children. Afterwards, nobody knows their whereabouts for the last 15 years. Can the daughter and her children be considered as legally dead? or they can come at any time and claim the rights? If the property is divided among all equally now, what should be done on her share?
c)In the partition on 1952, the shares are not equal. The 3rd son got very less. The father's share is more than two times than 3rd son. The 2nd son's share is more than 3 times than 3rd son. All other sons got almost equal by average. 3rd son is not alive now. Can the son of 3rd son mention this reason now and ask for more share in the current property or ask the 2nd son to compensate his father because the 2nd son got three times more?
prabhakar singh
(Expert) 09 September 2011
ANSWERS:...
a)7 sons and two daughters are having equal rights.
Is 6th son having any special privilege on the house since he is holding a portion for long time?
NO!
b)nobody knows their whereabouts for the last 15 years. Can the daughter and her children be considered as legally dead?
NOT AUTOMATICALLY! for that a suit of declaration of their CIVIL death would be required.
c)IT would now be next to impossible to reopen the partition on the ground of inequality.
