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Prakash   07 November 2022


Ancestral property has been given to 2 children only, leaving aside other 5 children and wife thru will. The Karta died after this. Whether the remaining children and surviving wife ask for a partition now ?

Anyone can share expert views on this ?


 11 Replies

AS YEMRA   07 November 2022

will paper is an evidence that the ancestral land only of 2 childrens. if wife and other children file a petition he/ she will loss the case.

Prakash   07 November 2022

No, the property he has given to only to 2 out of the total 5 legal heirs (wife and children).

Real Soul.... (LEGAL)     07 November 2022

Since the property is not owned but ancesteral, so all of the heris are shareholders. They must file a partition suit and  for recover of the mesne profit derived from property.

Even if there is any will or settlement that is illegal , just filw for the suit without wasting anytime 

Advocate Bhartesh goyal (advocate)     07 November 2022

Yes, every cparcener is entitled to get his share in ancestral property so remaining coparceners can claim their respective shares by filing partiition suit. Karta had no right to execute the will. so will executed by him has no legal effect on  partition.

1 Like

Dr J C Vashista (Advocate)     08 November 2022

File a suit for partition, possession and mesne profits before jurisdicational civil court through a local prudent lawyer as all coparcerners are entitled to have a share in ancestral property.

R.K Nanda (Advocate)     08 November 2022

yes, remaining coparcenars can file partition suit in civil court to claim their share in said ancestral property.

Parasar   08 November 2022

what is the religion

simpson joshua   09 November 2022

Can the person assign the right to divide the assets and change the will?


Ananda Babu   10 November 2022

the reaming children and wife are also entitled to get their respective shares in that ancestral property

Ashish (Student)     10 November 2022

Karta is a trustee of ancestral property. Coparceners have absolute interest in ancestral property at the moment of birth. Karta can not divest interests of other coparceners in ancestral property. Coparceners may seek partition of ancestral property as long as it exists. This is my humble view subjected to correction.

Prakash   10 November 2022

Thanks very much for the valuable informations from all corners.

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