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Mr Sreejit (seek4sridhar@yahoo.com)     14 March 2014

Wrong claim on property

The UNDIVIDED PROPOERY belonged to Mr. A. 

He had two sons Mr. B and Mr. C.

His wife Ms. s expired in 1935.

 

He expired intestate in 1941.

Mr. B (expired 1989) had only issue Mr. D (expired 1996).

Mr. D remained a bachelor, but adopted Ms. H from the time she was an infant and she was brought-up in Mr. D's house as his own daughter and through an instrument of  testamentary succession passed on all his movable and immovable property to Ms. H (alive).

Mr. D passed on his properties under the law of ‘School of Dayabhaga’

Mr. C (expired 1943), who is wedded to Ms. E (expired 1994), had two daughters Ms. F (alive) and Ms. G (alive).

Ms. E filed a partition suit at Kolkata high court for her claim on the undivided property of Mr. A. In 1969 by decree of partition the undivided property of Mr. A was divided into Lot ‘X” and Lot ‘Y’. Lot ‘X’ was allotted to Ms. E whereas Lot ‘Y’ was allotted to Mr. B.

Now does Ms. F and/or Ms. G have any right to claim Lot ‘Y’ which is now become the legitimate property of Ms. H.



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