K. Gurumurthy (Director) 11 April 2012
Dear Juris
I have one moot court problem , kindly solve us,
Mr. x was the owner of one house, three commercial complexes and one cinema theatre and acquired by registered partition deed after that he dies. intestate his wife , two married daugheters amd two sons. what will be the sharing. whether the scheduled property all are equla and aquired profits also equal
Kindly do the needful
Regards
K.Gurumurthy
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 April 2012
Not as simple as that. The property in the hands of children is ancestral if property acquired by partition is property belonging to joint family. Let's proceed like this :-
On partition he alongwith children becomes entitled to 1/5th each. (Note : No share to wife in lifetime)
On his death his share i.e 1/5th devolves on children and wife in equal measures - that is 1/25th
Hence in the ultimate analysis widow - holds 1/25th - children hold 1/5th + 1/25th = 6/25th each.
Good luck for the moot
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