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Partition Suit

(Querist) 15 December 2010 This query is : Resolved 
Ancestral property devolved to Mr.X. He got 2 daughters and performed their marriage. Elder daughters husband died. Then she came to parental house with children and performed marriages of her children at her parental house and leading life there. Mr. X and his wife died intestate. There is a property about Ac.6 and a house. Now this elder sister claiming the property by not giving share to younger sister. Can younger daughter of Mr.X can claim the share of Mr.X, who is one of the daughter. If yes, is there any case laws mostly Supreme Court case laws reguarding on this point.
Waiting for kind answers of learned experts.
M.Sheik Mohammed Ali (Expert) 15 December 2010
equal shares in both sisters, if not give her share you may file partition suit against her.
Kirti Kar Tripathi (Expert) 15 December 2010
agree she has share in the property of her deceased parents equal to her elder sister. no case law is required it is her statutory right.
R.Ramachandran (Expert) 15 December 2010
In the absence of a WILL by the deceased, the property will go equally to all the legal heirs. In this case, both the daughters. The younger daughter can definitely claim her share. As rightly pointed out by Mr. Kirti, since it is a statutory right, even in the absence of any citation claim can be made.
Advocate Bhartesh goyal (Expert) 15 December 2010
I agree with experts.
G. ARAVINTHAN (Expert) 15 December 2010
Two shares only. Any person can file suit for partition against other


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