Partition
basavaraj shiromani
(Querist) 24 July 2013
This query is : Resolved
Father died leaving behind three sons A.B.C. and they residing together. A is having 2 male issues. D and E. Quarrel between A and his sons D and E. Both D and E claims partition against their father A. What will be the share of E and E. Whether they are entitle for partition.
prabhakar singh
(Expert) 24 July 2013
If father of A,B,C died intestate then share of A,B,C is 1/3 each out of which share of D and E sons of A would be 1/9 each.1/9 belongs to A.
Yes D and E are entitled to partition for the reason that PROPERTY IS LEFT BY THEIR
GRAND FATHER SO IF D AND E WERE BORN IN THE LIFE TIME OF THEIR GRAND FATHER THEN AS HE DIED INTESTATE COPARCENARY STOOD FORMED AMONG A ,D,AND E, EVEN IF IT WAS SELF ACQUIRED PROPERTY OF THE GRAND FATHER.HAD THERE BEEN A WILL NO SUCH SITUATION COULD ARISE UNLESS PROPERTY WAS INHERITED BY THE GRAND FATHER FROM HIS FATHER.
Rajendra K Goyal
(Expert) 24 July 2013
Agree with the expert prabhakar singh ji, nothing more to add.
Raj Kumar Makkad
(Expert) 27 July 2013
No more to add in the light of previous replies.
