Partition suit
anita pandey
(Querist) 03 December 2015
This query is : Resolved
sir,
we are three brother& three sister.my elder brother is no more, my father died in 1988 & my mother is died in 2011,we have a property in the name of my father & father not left any will for any family member.it is my father's self aquiered property .I filled a partition suit in 2011 after my mother's death.
now supreme court judgment that father dead before 2005 then daughters not have right in fathers property.
now what situation of my suit
Advocate Kappil Cchandna
(Expert) 03 December 2015
Sir,
I think that judgement would be relevant in ancestral.property and no in the case of self acquired property ....
Warm Regards
Kapil Chandna Advocate
9899011450
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 December 2015
Since father expired, it becomes ancestral property. Heirs eight survive equally
prabhakar singh
(Expert) 05 December 2015
That judgement has no relevance with your case.
3 brothers and 3 sisters in father's self-acquired property where father's widow also died, then if the father died after 1956, the share of each one would be 1/6th.The 1/6th of the deceased elder brother would go to his sons daughters and widow equally, in their absence to their sons'/daughters and in their absence to brothers and sisters in the order written.
Rajendra K Goyal
(Expert) 07 December 2015
Agree with the expert prabhakar singh.
K.S.Srinivas
(Expert) 09 December 2015
The Supreme Court Judgement does not have any relevance in your case as it relates to ancestral property.
