Partition suit

Dhiraj A Rajhans (Querist) 11 September 2013 This query is : Resolved
Partition Suit is filed by daughter in law against father in law and others. Her husband has expired. She is claiming partition on the basis that she is entitled to partition on the basis of succession as her husband has expired but her father in law is alive. Can she claim parition?? are there any case laws relating to that so that the plaint can be rejected ????

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R.K Nanda (Expert) 11 September 2013
if property is ancestral then she can claim her share by partition suit.

Dr. Jyothi Vishwanath (Expert) 11 September 2013
Yes partition suit lies if property ancestral. Her husband's share she can demand. If self-acquired property, she gets nothing.

Rajendra K Goyal (Expert) 11 September 2013
Nothing more to add.

prabhakar singh (Expert) 11 September 2013
The suit would lie only when in property sought to be partitioned, her husband was a coparcener along with her father in law but you have not provided any clue about the nature of property,yet looking for a case law.

Dhiraj A Rajhans (Querist) 11 September 2013
it is ancestral property and father in law has sold it and in the sale deed it clearly mentioned that the sale is for the benefit of the children of father in law.

Nadeem Qureshi (Expert) 13 September 2013
Dear Dhiraj
if the property has been sold by father in law then DIL can file a suit for cancellation of sale deed or a suit for recovery of money against Father in law before civil court, on behalf of herself or on behalf of her children

Partition suit

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