Mutual Partition

In my opinion, as the third one has got jewellery and cash it is deemed that she has got her share from the deceased's property.  You can argue that she is ineligible for share as she has already received her proportionate share in the form of jewellery and cash and hence the partition suit is not maintaiable. 

Kalpana ji, If there is a y deed to the efffect that the jewelleries and money are in lieu of her share in the third wife ? If not, then, she has every right in the property. The third wife has not given reliqueshment with regard to the property. If everything was on mutual consent orally, how can it be proved in court?

physical posession is still in my client favour. She is enjoying her share right after her father death. Physical posession can be proved in court through various documents. After her father death first two daughters enjoying their share in property and the third at the time of fathers death lived in other house which was owned by her mother and her father lived there. Is that house can be called joint property of her father and mother.

The first wife  and her child willbe the real successor of the property left by the deceased. The other children may be tr\eated as illegitimate children of the deceased. They will get their share if they proved the same in the court.

Thanks Khaleel Ahmad sir, In the suit filed by third daughter she admitted herself to be illegitimate child. The first daughter does not deny claim of second and third daughter. Infact first and third are united and having one counsel for both of them. My client is second daughter having physical posession of her share in that house. It was orally decieded after her father death that first and second daughter would share the house as they lived for years and third one would get cash and jewellary. From 1997 after their father death they are living amicably.Unfofunately after marriage of third one her husband started the dispute in 2005 and file civil suit in senior division civil court for parrtition and asking her share in building.My client is running a school in her portion and to create disturbance the first and third are united and denying the mutual partition. How we should face them.