(Querist) 12 September 2008
This query is : Resolved
Brief about my case
(In our partition suit there are 11 decree holders, 6 brothers and 5 sisters,
There share are as follows as per decree.
2*6 share for Brothers + 1*5 share for Sisters, so total 17 shares , Male gets 2 shares and female gets 1 share as per Mohameddan Law.So as per decree 2/17th share for male and 1/17th share for sisters.)
The suit was filed in 1946 in Additional court, it was preliminary decreed in 1952, then some guys went to appeal after the highcourt proceedings in 1960, it was finally decreed in Additional court in 1970, and FDP is file in 1984.
All the main 11 decree holders were dead before filing FDP in 1984,
In our case as our Great Grandmother is 3rd plaintiff in the O.S, is entitle for 1/17th share,
She had three children s 1 son(predeceased), 2 daughters, she died in 1978 and her son died in 1974 prior to her death before the FDP was filed,
while filing for FDP in 1984,They brought on record her heirs ie 2 daughters and Predeceased sons children while filing FDP.
As per Mohameddan LAW, Predeceased Sons/Daughters Children will not have share in their Grand parents property as they are entirely excluded by their uncle and aunts who survived their parents at the time of their death.
We have a raised an objection thru an advocate in section 151 cpc in FDP proceedings,
To delete this predeceased sons LR’s who are on record unknowingly or because of lack of Legal knowledge, to their their aunts,
How to proceed to get these predeceased son’s LR deleted from record in this pending FDP proceedings and Under which section of Civil procedure code. which Civil procedure code need to be appllied to remove this LR's on record, who are not entitle for share, in FDP proceedings.
Sir, My concern is , I don’t want to go for another Original suite after FDP proceedings, I want this Predeceased son’s LR’s to be removed before closing of FDP. FDP must close on only 2 daughters and their heirs as the only one’s entitle for in 1/17th share of my great grand mother.
(Expert) 12 September 2008
dear mr mohd ali, u can "not press" the relief regarding those children of predeceased son if u r the plaintiff. if ur the defendant in the suit u can simply file ur objections in the FDP and argue upon the matter citing the relevant provisions of Mohd. law.
Sir, we don't want to press for relief for the LR's of predeceased son,
As they have been made parties along with their aunts under 3rd plaintiff LR's while filing FDP, we want to raise issue of misjoined under 3rd plaintiff LR's ,and delete them from record, so that only two daughters of 3rd plaintiff must get the share.
(Expert) 18 September 2008
You can raise issue on misjoinder of LR's