Partition property to the legal heirs

jagannathan (Querist) 20 January 2015 This query is : Resolved
A will written by the husband for his property to her first and second wife. Will came in force after his death. No dispute against the will and the will property was shared according to the will. Sons of the first and second wife received the will property according to the A and B schedule of will. Patta changed in their names and sold the will property against their share leaving only 17 cents punja land by the first wife son. Now the first wife's son files a suit for partition without disputing will for equal share. Whether the suit is maintainable at this stage where the suit properties are in the hands of 3rd party possession. More over will property were already partitioned. Is there one more partition eligible.

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Kumar Doab (Expert) 20 January 2015
The first wife had one or more sons?

The partition deed was registered or not?

The will was probated or not?

Believing that first wife had only one son and while transferring the property under WILL to this only son proper procedure e.g. this son staked claim to property by attaching the copy of the WILL, giving advertisement in newspaper etc.....this son may face difficulty in new claim now for equal share........

However you may show all docs on record to local lawyer dealing in civil/revenue matters and understand the merits from lawyer in person.

Rajendra K Goyal (Expert) 20 January 2015
Facts not enough to advise.

Consult local lawyer and show him all the documents.

Guest (Expert) 21 January 2015
Well Advised by Expert Mr.Kumar Doab.

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