Partition Suit
B.Siva Kumar
(Querist) 25 February 2018
This query is : Resolved
A female dies in estate.she had self acquired property.she died in estate leaving 2 sons and 2 daughters.All her sons and daughters died before 2005.except eldest son wife. She is full possession of property till now.At present situation the younger sons daughters filled partition suit.
Does any law can defend us for rejecting partition suit.
Thanks in advance.
Vijay Raj Mahajan
(Expert) 25 February 2018
The case for Hindu female who dies Intestate, namely without living any testamentary document/Will for her property is provided under section 15 of the Hindu Succession Act,1956:
General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
Based on this provision the partition petition filed by the daughter of the predeceased younger son is admissible and seems valid. The best course in the case to compromise and give the daughter agreed amount as full and final settlement for her share in the property.
Advocate Bhartesh goyal
(Expert) 25 February 2018
Daughters of deceased son are legally entitled to get their shares in the property left by their grand mother so their claim for partition is genuine and lawful.Bettet proceed for amicable settelment.
Guest
(Expert) 25 February 2018
You got a good tutorial for your seemingly a hypothetical academic query.
By the way, how you are related to the case?
Sri Vijayan.A
(Expert) 25 February 2018
Grand daughter has all the right to file suit for partition.
Your question asking any law to defend you to reject the suit shows your greed.
Make arrangements to partition.
B.Siva Kumar
(Querist) 26 February 2018
Sorry to all not giving full details.
Owner of the property female died(1982)
First son died (1984) wife alive in full posistion till now .first son doesnt have any son ,only daughter .
Second son died(1994) and wife died (1995). Has daughters and no son.
First daughter died (1970) not interested
Second daughter died (2000).not Interested.
Thank u for all in advance.
Your help is greatly appreciated.
Kumar Doab
(Expert) 26 February 2018
You have not posted which personal law applies in said matter as in query.
Are all involved Hindu?
Or relate with provisions of personal law that applies…
The husband c was alive as on date of her death?
The lady had 2sons and 2 daughters as per your last post.
Confirm!
Kumar Doab
(Expert) 26 February 2018
Since you are proceeding with responses posted in the thread based on Hindu Succession laws therefore IT is believed that all involved are Hindu………….
Succession opens on date of death..
Central Government Act
The Hindu Succession Act, 1956;
8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
10. Distribution of property among heirs in class I of the Schedule.
https://indiankanoon.org/doc/685111/
Kumar Doab
(Expert) 26 February 2018
If husband was alive as on date of her death on date of her death one share goes to husband; 1/5th.
Or sons and daughters get equally ; 1/4th.
The deceased son’s share shall be equally divided amongst their ClassI legal heirs…i.e. Mother (if alive as on date of death), Wife ((if alive as on date of death), sons, daughters…………
The deceased daughters share goes to her legal heirs as per Sec15 (2)(a)…
It is simple calculation that you may do…
Since 2nd daughter has died without partition/relinquishment etc her share also goes to her legal heirs…
If registered partition deed is not thru c another Perspective is to go for Registered family agreement with boundaries…..and avoid litigation…
Kumar Doab
(Expert) 27 February 2018
Hope you are satisfied.
Kumar Doab
(Expert) 27 February 2018
The insatiable affliction of IT=@PSD from day 1 under all of IT’s=@PSD’s multiple fake ID’s i.e. 4th postor from top in this thread
for ; abusing querists and abusing contributions of Experts as Tutorials, academic, hypothetical
Asking now and then who are you
is loudly visible in this thread also…
IT’s=@PSD’s contribution as usual from day1 in this thread is also =NIL,Zero….
Guest
(Expert) 27 February 2018
Good attempt by Mr. Kumar Doab with 5 posts in continuation as against your single query just to add scores to his credit. But as usual, he has demonstrated the state of his unsound mind by making his 5th post in continuation of his previous 4 posts.
However, you have got another tutorial to solve your academic query.
