Partition suit
meena wagh
(Querist) 14 September 2018
This query is : Resolved
whether a son can file suit for partition agaisnt mother in respect of property inherited by her from her father.
Please take in consideration the fact that mother inherits like son- u/s.(3) of Hindu Succession Act all incidents of coparceneray are applicable to such inherited property. Naturally her son will get birth right in the property and therefore can file a suit for partition becuase it is not her self acquired or absolute property. Even u/s. 14 she will be absolute owner of her share and cannot usurp share of her sons and dauthers.
Dr J C Vashista
(Expert) 14 September 2018
Being self acquired property she can dispose the same to all or either of her LR/sibling/relative/person of her own choice.
Vijay Raj Mahajan
(Expert) 14 September 2018
Firstly this property inherited by the woman/mother from her father became her sole property as whole not share of the same. It was her father's self acquired property not a property held by her father as a coparcener or Karta of a Hindu family. He left no Will and died leaving it to her as his legal heir under the HSA. The woman during the lifetime never had any share or right in the property.
The son of the woman is not entitled to claim any share in the property during her lifetime.
Even otherwise in a Hindu Coparcenery property the right or share of daughter exists as son that doesn't entitle the heirs of the daughter including her son to claim share or right in the Family property of the maternal side as the share or right of the son already exists in his paternal side family property.
Hemant Agarwal
(Expert) 23 September 2018
1. Completely agree with Adv. Vijay Raj Mahajan.
2. Son can claim from his Fathers property
3. Son CANNOT claim from the Father's property of his mother.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
