Filing of portion suit

siva (Querist) 29 June 2017 This query is : Resolved
A woman dies in year 1982 without a will in estate leaving behind two sons and 2 daughters ,elder son single and only daughter is in possession till now,second sons three daughters are filling portion suit in year 2016.

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siva (Querist) 29 June 2017
Case is not resolved

Sankaranarayanan (Expert) 29 June 2017
what you like to expect from us, for the heading " Filing a partition suit " then answer is you can

Kumar Doab (Expert) 30 June 2017
It is believed that all are Hindu!
Confirm!

Kumar Doab (Expert) 30 June 2017
It is apparently simple case of inheritance.
In case of Hindu woman the nature and source of property matters.
If the property is self acquired/absolute in the hands of deceased owner (Hindu woman) the husband (if alive as on date of death) and sons and daughters have 1st right.
If husband was not alive as on date of death then 2sons and daughter shall share it equally.
The nature of property acquired thru inheritance is self acquired.
If any of legal heir has deceased (apparently 2nd son) without leaving a valid WILL then his legal heirs: Mother ( if alive as on date of death- deceased before him as per your post), wife (if alive as on date of death), and sons and daughters have 1st right.
Thus if his wife, and sons and daughters are denied their due share by amicable means they can prefer partition suit.

Kumar Doab (Expert) 30 June 2017
Is it same matter;

http://www.lawyersclubindia.com/experts/partition-suit-645886.asp

Rajendra K Goyal (Expert) 30 June 2017
No reply if query repeated.

Guest (Expert) 01 July 2017
Agree with Mr.RK Goyal

Guest (Expert) 01 July 2017
No Reply if repeated

Guest (Expert) 01 July 2017
Well Advised Please

Kumar Doab (Expert) 01 July 2017
Show the well advised responses to your own very able local senior counsel of unshakable repute and integrity specializing in such/civil matters, understand remedies if any and merits if any in each remedy and proceed further under expert advise of your own counsel.

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