ksethuramalingam (Manager) 14 April 2016

Partiton of ancesstral property

sir,

My wife has two brothers and mother (widow).Her father

died in 1997. he was having ancesstral properties. Now wife has filed a case in the court for partition one fourth share of the properties. My wife's mother lives with one brother. Wife's mother wants to give her share of the property

to that son with whom she is living. Other brother is living separtely.

Now all have agreed to divide the property into four equal shares.So everybody will get one fourth.

Since mother is giving all her property to noe son he will get Half the property.But now the other brother wants a share in mother's property and not willing to come for making partiton deed.

If three people -one brother mother and my wife agree for the the partion( four eaqual share) and

request the court to approve the partion. Will the court pass the order.Also one brother is avoiding to receive the court summon.

Pl advice.

Regards

K.Sethuramalingam

Reply Follow

4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 14 April 2016

Sir,

Daughters have no right in ansectral property after if the partition is claimed after 2005 Amandment Act. Please refer my Article for the same purpose .

Warm Regards

Kapil Chandna Advocate

9899011450

adv.raghavan (Advocate,9444674980) 14 April 2016

Endorsing above contention of learned counsel, the court will desist to accept such stand and it will explore all possible ways to implead all LRs concerned, and if one brother refuses to accept summons the same will be dealt accordingly by the court.

Kumar Doab (FIN) 14 April 2016

Agreed with the above advises.

Anand Bali Adv. (Advocate Solicitor & Consultant) 16 April 2016

here I would like to highlight the fact thet if in case the property is still a joint property and has not partitioned before 2005 Oct the daughter will have her part of the share in that which no one can deny all the settlements before that day are having no share provision to daughter but after that day the daughter will have her share in any joint property of the family.

Now comming to the next part of the settlememnt if there is a joint family sttelment proposal in the court leaving one member i.e. the one brother it will not be treated as a family proposal for settlement as all the members of the family has to accept it for the authenticity of this agreement of family settlement. Though the court can move so moto for the settlememt after giving ample and sufficient chances to be represented by one brother who is ignoring the court summons. Court may go for exparty decision if the summons are duely served and the brother is not attending the court.