suit property for partition


Dear Juris

I have one moot court problem , kindly solve us,

Mr. x was the owner of one house, three commercial complexes and one cinema theatre and acquired by registered partition deed after that he dies. intestate his wife , two married daugheters amd two sons. what will be the sharing. whether the scheduled property all are equla and aquired profits also equal

Kindly do the needful

Regards

K.Gurumurthy

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

Not as simple as that. The property in the hands of children is ancestral if property acquired by partition is property belonging to joint family. Let's proceed like this :-

On partition he alongwith children becomes entitled to 1/5th each. (Note : No share to wife in lifetime) 

On his death his share i.e 1/5th devolves on children and wife in equal measures - that is 1/25th 

Hence in the ultimate analysis widow - holds 1/25th - children hold 1/5th + 1/25th = 6/25th each. 

Good luck for the moot

 
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