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basavaraj shiromani (Advocate)     10 August 2018

Partition acted upon

Father died in the year 1953, subsequently his children, bother and sister partitioned mutually in the year 1956, mutations were also effected, thereafter brother and sisters are enjoying the properties for long time. now the brother claiming that they are his independent properties. what is the fate of sister ?


 2 Replies

Kumar Doab (FIN)     10 August 2018

Which personal law applies in your case?

Are all involved Hindu?

The deceased father was 1st owner amongst forefathers?

The property in the hands of deceased father was self acquired/earned?

Confirm!

Kumar Doab (FIN)     10 August 2018

The property that devolves by inheritance, valid/registered partition is of nature self acquired.

Hope boundaries are narrated in partition deed.

Thus brothers and sisters as in query may claim the property that devolved upon them by inheritance, valid/registered partition is of nature self acquired…………….or in other words independent..

 

The 


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