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Partition of ancestral property among children of two widows of a dead


03-May-2023 (In Property Law)
Narayana had two daughters. Eldest, Yashoda one kept in home after marriage in 1965. Younger, Shakunthala one got married in 1973 and moved away. Narayana married to Laxmi on death of his wife Anjamma. Laxmi died in 2016 leaving behind a son and 3 daughters. All married. Ancestral property of father of Narayana was shared by Narayana and Yashoda. They sold about 15 acres by registered sale from 1990 to 2010.Presently Yashoda has 14 acres and Narayana has 10 acres. Narayana died in 2011. Yashoda transferred 10 acres to her only daughter and daughter's sons, in 2016 by gift deeds and as on now holds 5 acres. Shakunthala living away from the village was kept in dark and all the sales and transfers took place from 2009 to 2016. Yashoda was promising her sister Shakunthala that she will give 8 acres to her, which was also promised by her father Narayana. All verbal promises. Q. Can Shakunthala ask for partition from her sister/ her fathers share enjoyed by his only son. Hindu
Answers (1)

Answer #1
872 votes
As per the facts provided by you, all the Class-I legal heirs of the family of Narayana are entitled to claim their share in the property. Shakuntala will have to obtain a legal heir certificate from the office of tehsildar. After that she will have to file a suit for partition in the jurisdictional civil court.
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