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ganesh rao (x)     14 January 2023

Partition of property by legal heirs

A Muslim male died intestate leaving 2 major sons (1st party) from a divorced wife; one  surviving wife, her two daughters and one minor son (2nd party)  The 2nd party executed partition deed among themselves relating to two house properties, excluding the 1st party's knowledge and consent, without obtaining legal heir certificate, declaring in the partition deed that they only are the heirs. 
1) is the partition valid?

2) what is the recourse available to the 1st party?



Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     14 January 2023

File partition suit in court.

Dr J C Vashista (Advocate)     15 January 2023

I agree with the expert advise of Mr. T Kalaiselvan.


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