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Ruchira Gupta (Corporate Lawyer)     09 September 2010

Partition Suit

In a partition suit between parents on one side and son and daughter-in-law on the other, can daughters file an application to be admitted as independent parties instead of legal heirs? What is the implication of "independent parties vs. legal heirs"?



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 4 Replies

R.Ramachandran (Advocate)     09 September 2010

What will they plead in the Application?  When you talk of partition, are you talking about partition of co-parcenary property (ancestral property)?  If so, on and from 1.1.2005, the daughters (female siblings) have equal share as that of a male sibling.  Your query could be little clearer. 

Ruchira Gupta (Corporate Lawyer)     09 September 2010

Thanks. Yeah, it is not clear whether its an ancestral property or not. But if its not and the father, mother, son and his wife are the owners, then what are the rights of the daughters? Why they would file an application in the partition suit as independent parties and not legal heirs?

R.Ramachandran (Advocate)     12 September 2010

Whether they say or not, the daughters are the legal heirs of their respective father and mother.  Therefore, if they file any application, their claim will be based on their heirship.  As such, I am not able to appreciate what you say that why are they applying as independent parties?  So long as they stake their share as heirs, it is enough. 

In case if you have anything else in mind, please clarify.

Ruchira Gupta (Corporate Lawyer)     17 September 2010

Thanks Mr. Ramachandran. I understand your point.


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