Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rights

Page no : 2

P. Venu (Advocate)     12 June 2020

The provisions of Indian Succession Act apply to the Christians and under that law, there is no concept of ancestral property; this is restricted to Hindu succession.

Anyhow, the issue in the instant case is limited to the 2000 sq.ft. of property which has been bequeathed to the original author. The posted suggest it to be self acquired property. As such the only question is whether the Will is valid. Already a civil case is pending. Let the Court decide the matter on merits.

Prabhakar Reddy   12 June 2020

Hi Sir,

yes we are following hindu customs and we are hindus and we fall under hindu sucession act and the law applies accordingly.

Yes as you told i will contest stating the partion is inavlid and from there will take on.

Thank sir

P. Venu (Advocate)     12 June 2020

"Yes as you told i will contest stating the partion is inavlid and from there will take on."

What you have stated above is confused.

Admittedly, a suit for partition has been filed and your mother is a defendant. Your mother need to defend based on the pleading that the suit property is already vested with her on the strength of the Will and there is no property that is left intestate. Necessarily the Will, in original,  would have to be produced, got marked and proved.

Prabhakar Reddy   12 June 2020

Hi Sir,

Yes you are right, my mother being a defendant we have produced the original will and the case is going on -

Relate to the same can you please help me with the below as well? your views and points?

Please advice me how to take out the third wife who is staying in a small portion in our home.
The third wife is also joined in the partition deed which was originally filed by second wife children.


Can i get a court order to take the third wife away from the home-
How long should i wait for the order to come and what is the procedure to doo this action?


Is there any fast track action which can be obtained in very short period?


If we go and complaint in the station-The thrid wife will say we have filed case in the court and she will show the papers.
How to handle this situation?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register