Upgrad LLM

women inheritance


my grand father had two wives. the first wife died in 1923/24 leaving behind one son-my father.My grand father  married again and had two sons and three daughters from his second wife. my grand father died in 1957 intestate ie after hindu succession act of 1956. As per custom prevalent in our family the property of ANOTHER relative who also had two wives(one living and one dead) and who died intestate in 1961 the relatives property was divided in what we called CHOORI BUND ie his property was divided in two halves (CHHOORI) and then shared by the sons of the two widows. the hindu succession act is of 1956 but the marriages were prior to the act. The relatives sons did not object and the division was according to CHOORI ie two parts. However in my case since two part division will give me half leaving the second half to be divided amongst five children from my grand fathers second wife we have a dispute. my lawyer states that choori bund is still applicable in my specific case since both marriages of my grandfather predate the Act of 1956. The partition of the relatives property in 1961 seems to support his arguement. PLEASE ADVICE with case law asap Thank you

 
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LAWYER-ADVOCATE

SIR,

1YOU ALREADY HAVE PROPERTY IN YOUR POSSESSION. IN CASE ANY DISPUTE ARISES YOU MAY FILE A CIVIL SUIT FOR PARTITION OF SAID PROPERTY.AND LET COURT DESIDE THE MATTER.GOOD LUCK.

 
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