partition of ancestral land
vijay singh Mob.No 9621707070
(Querist) 13 February 2011
This query is : Resolved
A(hindu) has 4 sons as B,C,D,E and his wife is pass over(died)yet A is present.All the four sons have their families.B has two daughters with wife.A has ancestral 16 bigha krishi land.But he is not giving to share his son as B due to B has only daughters.And with the consent of rest three sons A,has soled 4 bigha land.
My question is that whether B has gotten his share still A has live.And by which process B has get his ancestral property's share and how he could be stop to A for selling the ancestral land.
THe 16 bigha land is ancestral property of A .Under which section we filed the suit for partition?
abhishek
(Expert) 13 February 2011
file a suit for partition and permanent injunction restraining them to alienate the property.
Ramakrishna Ponnekanti
(Expert) 16 February 2011
it is ancestral only if it was acquired by father of A or in previous generation and if acquired by ,there is no will or gift or other arrangement by A. Then B C D and E will also get their shares equally each taking 20 ps along with father. Out of 20ps of B ,himself and two daughters each 1/3rd of 20 ps.Any sale withou consent of B is voidable in a suit filed either by B or any or both of his daughters. If the sale is subsequent to 20-12-2004, and if there is no partition amongst A,B,C,D and E before that date daughters or any of them can sue for partition under s.6 of Hindu Succession Act 1956 as amended by Act 39 of 2005.
