partition of ancestral land

vijay singh Mob.No 9621707070 (Querist) 13 February 2011 This query is : Resolved
A(hindu) has 4 sons as B,C,D,E and his wife is pass over(died)yet A is present.All the four sons have their families.B has two daughters with wife.A has ancestral 16 bigha krishi land.But he is not giving to share his son as B due to B has only daughters.And with the consent of rest three sons A,has soled 4 bigha land.
My question is that whether B has gotten his share still A has live.And by which process B has get his ancestral property's share and how he could be stop to A for selling the ancestral land.

THe 16 bigha land is ancestral property of A .Under which section we filed the suit for partition?

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abhishek (Expert) 13 February 2011
file a suit for partition and permanent injunction restraining them to alienate the property.

Kirti Kar Tripathi (Expert) 13 February 2011
repeated and already replied.

Ramakrishna Ponnekanti (Expert) 16 February 2011
it is ancestral only if it was acquired by father of A or in previous generation and if acquired by ,there is no will or gift or other arrangement by A. Then B C D and E will also get their shares equally each taking 20 ps along with father. Out of 20ps of B ,himself and two daughters each 1/3rd of 20 ps.Any sale withou consent of B is voidable in a suit filed either by B or any or both of his daughters. If the sale is subsequent to 20-12-2004, and if there is no partition amongst A,B,C,D and E before that date daughters or any of them can sue for partition under s.6 of Hindu Succession Act 1956 as amended by Act 39 of 2005.

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