partition
m.loganathan
(Querist) 19 November 2010
This query is : Resolved
hi
iam from tamilnadu.
here property mentioned as scheduleA,B,C.schedule A is house,B is shop,C is another shop. unregister will made by father to 4 sons and 3 daughters. here schedule A,B are belongs to 4 sons and schedule C BELONGS to his wife, after his wife the schedule C goes to 3 daughters. father died,mother died in 1996,partition held.all the daughters sold their share on 1998. now 2010 the daughters filed partition suit to pray equal share.
here 1st daughter purchase one vacant site from one of his brother by sale deed from his share.
now all the 3 daughter file partition suit to equal share.
in plaint they never mention the partition and sale made by 3 daughters.
they include that sold property and claim equal share.
TELL ME WHAT LAW SAYS
Sri Vijayan.A
(Expert) 19 November 2010
Dear MR.Loganathan, u r telling that the partition held.
How it was effected?
How did they sell their shares?
If partition done, now they cant file any suit.
Devajyoti Barman
(Expert) 19 November 2010
Once the Will was already acted upon and a mutual partiton was also held on the basis of the Will then the daughters can no more ask for partition speciially when if the property bequeathed by Will was the self acquired property.
The dughters could succeed only if they get decree of the court that the Will was null and void as being not genuine or was executed under suspicious circumstances.
m.loganathan
(Querist) 19 November 2010
iam from tamilnadu.
here property mentioned as scheduleA,B,C.schedule A is house,B is shop,C is another shop. unregister will made by father to 4 sons and 3 daughters. here schedule A,B are belongs to 4 sons and schedule C BELONGS to his wife, after his wife the schedule C goes to 3 daughters. father died,mother died in 1996,partition held.all the daughters sold their share on 1998. now 2010 the daughters filed partition suit to pray equal share.
here 1st daughter purchase one vacant site from one of his brother by sale deed from his share.
now all the 3 daughter file partition suit to equal share.
in plaint they never mention the partition and sale made by 3 daughters.
they include that sold property and claim equal share.
TELL ME WHAT LAW SAYS.
daughter sells the property and suppers the fact and file the case. here we file rejection of plaint?
m.loganathan
(Querist) 19 November 2010
iam from tamilnadu.
here property mentioned as scheduleA,B,C.schedule A is house,B is shop,C is another shop. unregister will made by father to 4 sons and 3 daughters. here schedule A,B are belongs to 4 sons and schedule C BELONGS to his wife, after his wife the schedule C goes to 3 daughters. father died,mother died in 1996,partition held.all the daughters sold their share on 1998. now 2010 the daughters filed partition suit to pray equal share.
here 1st daughter purchase one vacant site from one of his brother by sale deed from his share.
now all the 3 daughter file partition suit to equal share.
in plaint they never mention the partition and sale made by 3 daughters.
they include that sold property and claim equal share.
TELL ME WHAT LAW SAYS.
daughter sells the property and suppers the fact and file the case. here we file rejection of plaint?
here the daughters sold the suit property to third party,ie schedule C. now they include the schedule C property and ask equal share. how this is possible and what action we will taken?
R.Ramachandran
(Expert) 19 November 2010
Your query already stands sufficiently answered by Mr. Devajyoti.
Sri Vijayan.A
(Expert) 20 November 2010
I dont know why u r posting again again the same wordings.
I think u cant express ur questions/ doubts/ feelings in words, perhaps u may explain the case in detail in person.
If so, consult a local lawyer, he may help u in this regard.
