Partition suit during lifetime of the father.


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 during the lifetime of father his sons and daughter 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

Answers (1)


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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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