Partition
Guest
(Querist) 08 November 2012
This query is : Resolved
in a Hindu family there was a father(died 1999) and his first wife(died 1950), second wife(died 2003), a daughter of first wife(married in 1957), a son and 2 daughters of second wife(married 1983) and daughter of second wife (married 1996).
then the father has given a 9 acre land to his daughter of first wife(married in 1957) in his life time.
there a partition in 1998 which was not a registered one and between only the father (3 acre land) , mother - second wife (5 acre land) and the son (40 acre land),
later father died and his son sold his father's 3 acre land, then his mother died and he transferred her 5 acre to his wife,
now the daughter of first wife(married in 1957) and got 9 acre land from her father has sold her property, and filed a suit for partition stating the 1998 partition is void she has a right in his brothers property as a co-parcener,
now the available property is 45 acre land.
is that partition illegal?
can she get any share?
if s how much?
adv. rajeev ( rajoo )
(Expert) 09 November 2012
Whether the property was self acquired property of the father?
basavaraj shiromani
(Expert) 09 November 2012
If there was any family arrangement, there is no need it to be registered. If she obtained the land by way of settlement in the family in lieu of her share then she cannot file a partition suit.
