Partition suit

Querist : Anonymous (Querist) 25 January 2012 This query is : Resolved
Dear Experts,
Sub: Ancestorial property- Partition case.
I have filed a PARTITION SUIT against my cousin brothers and sisters. The case is going on for the last one and half year.
History : The suit property is ancestral one, belongs to my Grand Father who was the original owner of the suit property. My Grand Father had 3 Sons and 2 daughters. My father (youngest son of my grand father among 3 brothers and 2 sisters) and my second uncle were minor, at the time of grand father’s death. The Doddappa (Uncle) was elder brother and he took charge of the family and educated his 2 minor brothers. But the two sisters are also elder and they got married at life time of my grand father (before 1930).
Soon after the death of my grand father, in the year 1936 the names of his 3 sons and his wife (Grand Mother) got entered in the records of right (Utara). But one of my second uncle shown interest to go separate and he demanded his share in the property. Then doddappa (uncle) and my father and my grand mother decided to give him one forth share of my grand fathers property and he got legally separated long back by way of Apsati-Watni.
At a later stage after the death of my grand mother, her share is equally distributed to my doddappa and my father. After the death of my doddappa and my father respective successor family members name has been updated in the records of right document.
Now the suit property is one which is not partitioned and it is undivided combined property by way of succession of my father and my doddappa (Uncle). I tried my level best to resolve the problem and get the partition done. But my cosines (Doddappa’s sons) are non co-operative hence I have to go to court as there is no other way left.
In my plaint copy I have not made party of my father’s sister as there is no name by succession exists in the records of right document.
Our defendants have taken objection in their Written Statement saying that my father sisters name is omitted/ignored purposefully and get the partition done without giving any shares to them.
Clarification Required:
Is my father two sisters who got married much earlier to year 1930 & now they are no more – in such case are they eligible for share in their fathers property? What Indian Law states in this case. Please clarify the same.

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 25 January 2012
Daughters had no share in the inheritance of their father prior to 1956 so there is no question of having the share of sisters of your father. The defendants are otherwise making their own loss by inserting these matters.

Daughters got right of inheritance only by way of Hindu Succession act, 1956 in the self acquired properties of their father along-with coparceners.

Raj Kumar Makkad (Expert) 25 January 2012
The objection raised by defendants is not tenable before law and it can be replied by filing replication.

prabhakar singh (Expert) 26 January 2012
As you state your grand father died in 1930 or before hence your grand father's daughters[sister of your father] had no right to inherit and such are not proper or necessary party to the suit.

you can file replica.

you have rightly not impleaded your father's sisters in the suit.