Hindu sucession act .

shivraj (Querist) 05 October 2008 This query is : Resolved
as the partition took place in between husband and sons in the year 1988 whether first wife is entitled to ask partition and seperate possision?

suit is filed in the year 2002 whether it is in limitation?

whether first wife is entited to equal share in the ancestral property of husband who died pendency of suit?

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Kiran Kumar (Expert) 05 October 2008
friend facts r not much clear.

pls elaborate whether the first wife was divorced.

otherwise when the succession had already opened in the year 1988 and properties properly divided. Now she can not.

wife in my opinion not entitled to separate share in the present case.

SANJAY DIXIT (Expert) 05 October 2008
I think NO (on the basis of given facts).

ARVIND JAIN (Expert) 06 October 2008
IN FACT FACTS ARE NOT CLEAR. I THINK PARTION WAS BETWEEN FATHER AND SON ONLY. IF WIFE WAS NOT ALLOTED ANY SHARE SHE CAN CLAIM.

Adv.Shine Thomas (Expert) 07 October 2008
The first wife can claim a seperate share in the ancestral property of the deceased husband.

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