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Partition suit during lifetime of the father.
01-May-2023 (In Property Law)
In a hindu family a partition suit against the father by his daughter during his lifetime in respect of ancestral property is maintainable in Guwahati , Assam?? one advocate from Guwahati told me that in Assam Dayabhaga rule is applicable, under which partition suit by daughter / son during the lifetime of the father cannot claim partition. I have gone through the Hindu succession act 1956 & 2005 but there the word dayabhaga is not mentioned at all. However Mitakshara is mentioned at section
Yes, in a hindu family a partition suit against the father by his daughter during his lifetime in respect of ancestral property only is maintainable in Guwahati, Assam. Yes,Dayabhaga rule is applicable in Assam. During the lifetime of father, his sons and daughter cannot claim partition of self acquired property of father.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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What is partition by father in his lifetime?
Modalities of Partition
Partition made by father during his lifetime. If the coparcenery is only father and sons, then the father can partition himself or his sons. The consent of his sons is not required.
Can son claim father's property when father is alive?
The son cant claim the property of his father he acquired himself while his father is still alive. This applies even if the father has abandoned the son and family. After the father dies, the son can inherit the property according to the will of the father or by legal inheritance laws.
What is the time limit for partition suit?
In India, the limitation period for a suit relating to partition is 12 years. This starts from the date the right to sue was acquired.
Can a son file partition suit against his father?
The argument of defendant No. is that a son can claim a partition during the lifetime of his father.
A son has the right to claim his inheritance and demand partition during the lifetime of his father. This claimant must only prove his succession.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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