ganesh rao (x) 14 January 2023

Partition of property by legal heirs

A Muslim male died intestate leaving 2 major sons (1st party) from a divorced wife; one surviving wife, her two daughters and one minor son (2nd party) The 2nd party executed partition deed among themselves relating to two house properties, excluding the 1st party's knowledge and consent, without obtaining legal heir certificate, declaring in the partition deed that they only are the heirs.
1) is the partition valid?

2) what is the recourse available to the 1st party?

Reply Follow

Quick Summary

This discussion concerns the partition of property by legal heirs of a Muslim man who died intestate. The partition deed was executed by his surviving wife and children, excluding his major sons from a previous marriage. The deed was made without the knowledge or consent of the excluded sons and without obtaining a legal heir certificate, falsely declaring only the second party as heirs. The core questions are the validity of this partition and the legal recourse available to the excluded sons.