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prabhu   27 October 2015

Who can file partition suit

'A' died instestate in 1997 leaving wife (B), 2 sons (C&D) and a daughter (E).

D died intestate in 2000 leaving behind a mother(B), wife(D1) and a son(D2).

D1&D2 sold 1/3 of A's property to X in 2008 claiming that B is entited to half of A's share.

Is this sale vaild or not? If valid, is the sale of 1/3rd proportion correct?

The land is occupied by C since A's death. He has been paying land tax since A's death.

Can X file a partition suit for 1/3 rd of A's property?

 



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 2 Replies

prabhu   27 October 2015

The family is Hindu family

prabhu   27 October 2015

Is this property Ancestral property for B, C, D, D1, D2 and E and partition governed by Hindu succession act amendment 2005? If its not goverened by Hindu Succession act 2005, which law covers the partition?


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