Share in father properties
unique horn
(Querist) 29 January 2015
This query is : Resolved
Dear Experts please answer my query
A Hindu joint family consist Father and 2 sons ram and lakshman. Father died intestate in 1993. In few days Partition held between 2 sons in the ratio 50:50.
At the time of partition (1993) the younger son lakshman was not married, subsequently he got married in 1995 and he was blessed by a son 'Dharma' in 1997.
Now the issue is about the prpoerties in the hands of lakshman...
1)Whether the properties in the hands of lakshman is joint with his son or the separate properties of lakshman?
2) Wheather 'Dharma' can claim share in his father lakshman properties?
Thanking you
ROHIT SHARMA
(Expert) 29 January 2015
1)The properties in the hands of lakshman is not joint with his son and is a separate individual property of lakshman since the partition has already taken place of the inherited property by the legal heirs of the deceased intestate.
2) "Dharma' cannot claim a share in his father lakshman property till his father demises intestate.
Kumar Doab
(Expert) 29 January 2015
Agreed.
If the estate was self acquired and partition deed was registered there is no scope.
Rajendra K Goyal
(Expert) 30 January 2015
1. The property in the hands of Lakshman is not joint with his son it is separate properties of lakshman.
2. No till his father expires intestate.
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
The father's intestate property was duly partitioned between his two sons, thereby conferring absolute and marketable title on both the sons alone in respect of their shares in the property. The children of the sons are not entitled to any share as a right during the life time of their fathers and also if the fathers have made any arrangement towards the properties in their hands before their death.
