Land partition - kindly advice,
Krishnaraj
(Querist) 16 December 2011
This query is : Resolved
Dear Experts, Kindly Advice..
Mrs. 'X' had 7 childrens namely A,B,C,D,E,F,G. She had 27 cents of land in her name at the time of her Death. In RTC, 3 names are included (X & 2 childers), those are 'X', 'A' & 'B',
'A' & 'B' both have expired and have 3 & 6 childrens each. Now Childrens of 'A' & 'B' want their 33% share each as mentioned in the RTC ( divided in to 3 names) Also 1/7 th share which belongs to 'X' at the time of her death.
But for this settlement other Childrens of Mrs.'X' who are namely C,D,E,F & G,are not accepting. They demand for Full share of 27 cents land to be divided equally among 7 childrens, for which Childrens of A&B not accepting.
Kindly advise how this matter need to be settled & what does the LAW says. Does it require to to shared equally among all the childrens of X, or only the 33% of X, need to be shared between 7 childrens of X.
Raj Kumar Makkad
(Expert) 16 December 2011
If the property was purchased out of undivided hindu family then all children of X are equal but if the position is otherwise then the arithmetic of children of A & B is accurate.
Guest
(Expert) 18 December 2011
I go with the views of Shri Makkad.
