Partition deed

Saju Michael (Querist) 21 February 2024 This query is : Resolved
We have some land in the name of my father and mother, as our father died we are planning to partition. We are 2 sons and one daughter. cloud you please tell that what will the part of land for each sons and daughter. We are christains.

If 1/3 is for my mother, From total of 18 cents will partitioned like

1. Mother get half part as the property as she was one of the owner ie. 9/18
2. From father's 9 cents, she will get 1/3 of 9 = 3 cents
3. And 2 cents for one son, 2 cents for another son and 2 cents for one daughter

Mother 9/18 + mother 1/3 of father 9/18, which is 3/9+2/18 son+2/18 son+2/18 daugher

Which one will be the distribution below metioned

ie Mother 9/18+ Mother 3/9+son2/18+son2/18+ daughter2/18

or
Mother 9/18 +Mother 1/3 of total part ie 6/18+ son 1/18+son1/18+daughter 1/18

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Quick Summary

This discussion concerns the partition of land owned by a mother and deceased father among their two sons and one daughter. The family, who are Christian, is seeking to understand how the 18 cents of land will be divided according to the Indian Succession Act, 1925. The primary question revolves around the mother's share, whether it's half the total property or a portion of the father's estate, and how the remaining land is then distributed amongst the children.

kavksatyanarayana (Expert) 21 February 2024
I opine under the Indian Succession Act, of 1925, if the deceased has left behind both a widow and lineal descendants, she will get one-third of his estate while the remaining two-thirds will go to the latter.

T. Kalaiselvan, Advocate (Expert) 21 February 2024
I endorse the views expressed by expert Mr. KAVK Satyanarayana.

P. Venu (Expert) 22 February 2024
It is not necessary that partition need to be on mathematical precision as to area. They are other aspects to be taken into account.

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