Property partition through civil suit to female heir of class i
raj subramani
(Querist) 23 August 2012
This query is : Resolved
Dear sirs,
My mother acquired a property through partition suit of her deceased intestate father. She is one among the four Class I heirs.
Now the problem - On getting a legal opinion on the property a lawyer mentioned in his opinion that the property ownership is not only to my mother ,its to my mother with legal heirs of my mother.
According to sec 14 ,my mother is the absolute owner of the property because its awarded to her through court degree and judgement . and she is the class I legal heir and is alive ,in that sense how the opinion was given? .I argued with the lawyer on above point but he simply refuse me and insulted me .
I need clarification on this issue
Thanks with regards
raj
Adv.R.P.Chugh
(Expert) 23 August 2012
The lawyer has given an erroneous opinion, a daughter is not a source of coparcenory and is the sole and absolute owner of her property in her lifetime, even if she gets the property from her paternal ancestors, that won't make the property ancestral in her hands. During her lifetime her children have no right in the same.
You are absolutely correct in your understanding !
