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Right in property

(Querist) 28 January 2015 This query is : Resolved 
Dear Experts please answer my query

A Hindu joint family consist Father and 2 sons ram and lakshman. Father died intestate in 1993. In few days Partition held between 2 sons in ratio 50:50. At the time of partition (1993) the younger son lakshman was not married, subsequently he got married in 1995 and he was blessed by a son 'Dharma' in 1997.now,

1)Whether the properties in the hands of lakshman are joint or separate ?(in his son view)

2) Wheather 'Dharma' can claim share in his father lakshman properties?
Jayashree Hariharan (Expert) 28 January 2015
1. It is separate since there is a partition. (Hope there is a partition deed to prove this).
2. Dharma being the son has full rights over his father's property.
unique horn (Querist) 28 January 2015
Thanking you Jayashree mam...
But the real issue is between lakshman and dharma(father and son)...
(Lakshman says, "since dharma (his son) is not born at the time of partition (ie 1993) the share allotted to him is his absolute properties, and not joint with his son dharma... IS HE RIGHT?
T. Kalaiselvan, Advocate (Expert) 31 January 2015
The property inherited through partition by Ram and Lakshman will become their absolute properties in which neither Dharma or anyone can claim a share during the life time of his father and the father can dispose the property in any manner during his life time without taking consent of his children.


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