PArtition
Chetan
(Querist) 19 September 2010
This query is : Resolved
That the grandfather of X is a adopted son. The grandfather had 3 sons & 2 daughters. The grandfather had executed the will in favour of 3 sons of his self acquired & ancestral property in the year 1987. Now the 2 daughters had demanded a share in that property Whether the daughters are entitled for the same ?
What is the limitation to file suit for partition ?
From which date the period is to be computed ?
Pls guide
Raj Kumar Makkad
(Expert) 19 September 2010
There is no limitation to get partition in such cases as the possession of one co-sharer is treated on behalf of all the co-sharers.
Now main question:
Both the daughters ofdeceased grandfather of X are equally entitled to inherit the ancestral property of deceased along-with their brothers and will to that extent is null and void and can be got set aside, if their brothers produce it before civil court. So far as self acquired property is concerned, the will is perfect in the given matter.
Surrender K Singal
(Expert) 20 September 2010
All is well covered by the Topper of Hall of Fame
Sri Vijayan.A
(Expert) 20 September 2010
Yes, The properties of two types.
1. Self Acquired
2. Ancestral
Over the first, the grand pa has ful alienation right, so the Will he made stnds good.
Over the second, he has no such right for making Will
So that part alone to be settled amicably.
