k11488
(Querist) 15 April 2015
This query is : Resolved
Hi Sir,
Person S having two sons S1 and S2 , They have not split their properties after the death of their father S. Now S1 has one son S1A and S2 has a son and daughter S2A and S2B. In 1980 ,After the death of S1 and S2 , S1A and S2A have splitted the properties and registered in their names. Now in 2015 , S2B seeking for property Share right to S1A.. Is this legally possible. ?
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
If there was a partition between S1A and S2A out of the intestate property of S1 and S2, without considering S2B's share and not allotted with any compensation also to her then she very well can file a partition suit even now and there is no limitation for filing partition suit, however she can claim a share out of the property that was allotted to S2A only and not with S1A.
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